Rukhminbai Kisansing Thakur Died Lrs Devising And ORS v. Lilabai Mohansing Rajput And ORS

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 10175 OF 2016 IN SA/241/2007 RUKHMINBAI KISANSING THAKUR DIED LRS DEVISING AND ORS

VERSUS

LILABAI MOHANSING RAJPUT & ORS ...

Advocate for Applicants : Raje Vikrant P.

Advocate for Respondents 1 to 3 : A.M. Gaikwad ...

CORAM : T.V. NALAWADE, J.

DATED : 27th July, 2016.

ORDER :

1.

The application is filed for permission to withdraw the amount of Rs. 50,000/- with interest. The amount is deposited in this Court as per the order made by this Court towards mesne profit. The learned counsels for both the sides are present. They showed to this Court copy of settlement which was arrived at between the parties. Clause No. 4 shows that both the parties are entitled to get equal share in the amount lying in this Court viz. Rs. 25,000/- each along with interest. It appears that the main proceeding was disposed of due to compromise. Copy of the order made by this Court on 10.4.2013 shows that appeal was disposed of as withdrawn. In view of the submissions made by the learned counsels for both the sides and the copy of terms of settlement produced on record, the application is allowed. Make the disbursement and give the amount equally to appellants and respondents as per the terms of compromise.

[ T.V. NALAWADE, J. ] ssc/