Pratibha Wd/O Balasaheb Chate And ORS v. The State Of Maharshtra And ORS

84- C. A. No. 12085-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 84 CIVIL APPLICATION NO.12085 OF 2022 IN FA/1816/2012 PRATIBHA WD/O BALASAHEB CHATE AND ORS

VERSUS

THE STATE OF MAHARSHTRA AND ORS ...

Advocate for Applicants : Mr. Bondar Uttam Bajirao AGP for Respondents: Mr. A. B. Chate ....

CORAM : S. G. DIGE, J.

DATE : 29.08.2022 PER COURT :- Heard learned counsel for the applicants and learned AGP.

2.

Learned counsel for the applicants submits that, this Court, by judgment and order dated 3 August 2018, has disposed of the appeal fled by respondent Nos. 1 and 2. The amount is deposited before this Court by respondent Nos.1 and

2. The other applicants i.e. applicant No.1 who is mother of applicant No.2 and respondent No.7 (original claimant) died during he pendency of the appeal. Hence applicants are only legal heirs and representatives of the deceased. 3.

The applicant No.1 has withdrawn amount of Rs.

84- C. A. No. 12085-2022.odt 8,00,000/-, whereas deceased respondent No.7 has withdrawn Rs. 6,50,000/- from the deposited of amount, hence applicant No.2 be permitted to withdraw the remaining amount. Applicant No.1 has consented for it. Hence requested to allow the application.

4.

I have heard learned counsel for the applicants and learned A.G.P.

5.

The appeal is already disposed of. Applicant No.2 is major. Learned counsel for the applicants requested that permission be given for withdrawal of the amount to applicant No.2 and he is also submitting that, there is consent of applicant No.1, who is mother of applicant No.2. Hence I pass the following order.

ORDER

(i) The application is allowed.

(ii) Applicant No.2 is permitted to withdraw the remaining amount along with accrued interest thereon deposited by respondent Nos. 1 and 2 before this Court on furnishing consent letter of applicant No.1.

(iii) Civil Application is disposed of.

( S.G. DIGE,) JUDGE ysk