Chetna Satish Kalyan @ Chetana Ganeshrao Shinde v. Omprakash Sakharam Podjale And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO. 9697 OF 2016 IN FA/4072/2008 CHETNA SATISH KALYAN @ CHETANA GANESHRAO SHINDE

VERSUS

OMPRAKASH SAKHARAM PODJALE AND ORS ...

Advocate for Applicant : Mr. SV Suryawanshi, Adv. h/for Mr. Patil Santosh S.

Mr. SS Dargad, Adv. H/for Mr. S.G. Chapalgaonkar For R/2;

----- CORAM : P.R.BORA, J.

DATE :

7 th December,2016.

PER COURT :

1) Heard.

By this application, the applicant seeks directions to Respondent Nos.1 & 2 to pay the amount of compensation to the applicant in her present name, i.e. Chetana w/o Ganeshrao Shinde. From the pleadings, it is revealed that when the original claim petition was filed and thereafter an appeal was preferred, seeking enhancement in the amount of compensation, in this Court, the same was filed in the name of Chetana wd/o Satish Kalyan.

2) During pendency of the first appeal,

appellant - Chetana got married with one Ganeshrao Shinde and thereafter now she is being known in the name of Chetana Ganeshrao Shinde and all documents regarding her identity are now in her said name i.e. Chetana w/o Ganeshrao Shinde. The learned Counsel pointed out that Aadhar Card, Bank Account of the applicant/appellant are in the said new name, i.e. Chetana w/o Ganeshrao Shinde. In the circumstances, it is prayed that directions be issued for payment of compensation in her new name i.e. Chetana w/o Ganeshrao Shinde.

3) The present application so filed by the applicant requires an enquiry as about correctness of the contents raised in the application. Such enquiry cannot be conducted before this court. However, it would be open for the applicant to file the necessary application before the Executing Court and the Executing Court can conduct necessary enquiry and pass necessary orders. Hence, the following order, -

ORDER

i) The applicant shall file necessary application before the Executing Court;

ii) The Executing Court shall conduct an enquiry into the application and pass necessary orders within two months of filing such application by the applicant.

iii) CA stands disposed of.

(P.R.BORA) JUDGE bdv/