Haribai Munjaji Bobade And ANR v. Datta Namdev Gore And ORS

30- C.A. 11770-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11770 OF 2022 IN FIRST APPEAL 452 OF 2022 HARIBAI MUNJAJI BOBADE AND ANOTHER

VERSUS

DATTA NAMDEV GORE AND OTHERS ....

Advocate for the applicant : Mr. G.T.Kharate Advocate for respondent No.3 : Mr. S.G.Chapalgaonkar Advocate for respondent Nos. 4 to 6 : Mr. Wasim Ahmed A Deshmukh ....

CORAM : S. G. DIGE, J.

DATE : 17.08.2022 PER COURT :- Heard learned counsel for the applicants and learned counsel for respondent No.3.

2.

Learned counsel for the applicants submits that, applicants are the parents of the deceased Suresh Bobade. They are old aged persons. They have no source of income. The deceased would provide them money for their day-to-day business. After death of deceased, they have no source of income. Because of old age, they are unable to perform any work hence requested to allow the application.

30- C.A. 11770-2022.odt 3.

Learned counsel for respondent No.1 submits that, respondent has impugned the order of Tribunal on various grounds. If applicants are allowed to withdraw the amount and respondents succeed in the appeal, then it would be difcult for the respondent to recover the amount. Hence requested to dismiss the application.

4.

I have heard both the learned counsel. As applicants are the parents of the deceased, they have no source of income. They are old aged persons. They require money for their daily expenses. Hence I pass the following order.

ORDER

The applicants are permitted to withdraw 50% amount out of deposited amount as per their share fxed by the Tribunal along with accrued interest on furnishing undertaking. ( S.G. DIGE,) JUDGE ysk