Suman Madhav Biradar And ORS v. Sampat Venkat Reddy And ORS

6-ca10227.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 10227 OF 2016 IN FA/1735/2008 SMT. SUMAN MADHAV BIRADAR AND OTHERS

VERSUS

SAMPAT VENKAT REDDY AND OTHERS ...

Advocate for Applicants : Mr. V. D. Gunale.

Advocate for Respondent No.3 : Mr. S. G. Chapalgaonkar. ...

CORAM :

P. R. BORA, J.

DATE :

03rd August, 2016.

P.C.:

.

By filing the present application, Respondent Nos.1 to 4 in the first appeal have sought withdrawal of the amounts deposited in the Fixed Deposits alongwith interest accrued thereon in the names of minor claimants namely Kum. Pooja, Kum. Varsha and Master Ashish. It is stated that for carrying on education of these minors, funds are necessary and the Applicants are, therefore, required to seek premature withdrawal of the amount invested in the fixed deposits. In so far as Applicant No.4 is concerned, I am not inclined to accept the request so made. However, in so far as Applicant Nos.2 and 3 namely Kum. Pooja and Kum. Varsha are concerned, I deem it appropriate to allow the said Applicants at present to withdraw 50% of

6-ca10227.16.odt the amount alongwith interest accrued thereon from the said FDR with a direction that the balance 50% amount be retained in the said FDR on the same terms and conditions until further orders. Civil application stands disposed of.

[ P. R. BORA, J. ] ndm