Saroja Anateshwar Swami And ANR v. Govind Dattatray Chavan And ORS

2025:BHC-AUG:33222-DB 1 916-CA-7308-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7308 OF 2025 IN FA/2797/2023 SAROJA ANATESHWAR SWAMI AND ANOTHER

VERSUS

GOVIND DATTATRAY CHAVAN AND OTHERS ...

Mr. Suraj Vipinchandra Gundre, Advocate for Applicant Mr. Mohit R. Deshmukh, Advocate for Respondent No.3 ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

DATE : 28th NOVEMBER, 2025 PER COURT :

1.

By this application, the applicants seek permission to withdraw the amount as per the award by contending that the applicants along with late Kalubai (Original claimant No.4) had filed Civil Application No.14843/2023 for withdrawal of amount deposited by respondent No.3. The said application was allowed vide order dated 14/12/2023 and all the three applicants therein were permitted to withdraw Rs.10 Lakhs each. In the meanwhile, Kalubai expired, hence, with the permission of this Court her name was deleted. In these circumstances, the applicants pray that the amount of share of Kalubai be permitted to be withdrawn by the applicants since they are her only legal heirs. 2.

For the reasons stated in the application, the same is allowed in terms of prayer clause 'B'.

(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.) SVH