Dr. Chimandas Assanand Gursahani (Died) Thr Lrs Dr. Sarita And Others v. The State Of Maharashtra And ORS

{1} ca1259517.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12595 OF 2017 IN CIVIL APPLICATION NO.8130 OF 2016 IN FIRST APPEAL NO.1770 OF 2014 Dr.Chimandas Assanand Gursahani (died), through his LRs:

Applicants

Versus

The State of Maharashtra & others Respondents Mr.Shrikant Kulkarni, advocate for applicants Mr.A.D.Namde, A.G.P. for Respondents No.1 & 2. Mr.A.S.Bajaj, advocate for Respondent No.3.

CORAM : M.S.SONAK, J.

DATE : 05th February, 2018.

P.C. :

On 6th October, 2017, this Court made the following Order:

"Heard learned counsel for the appellant.

It has been submitted that in Probate Petition, the applicant Nos.1-C was shown entitled tog et the entire compensation amount. The other applicant Nos.1A and 1 B filed consent affidavit to issue probate in favour of applicant No.1-C in the said probate proceeding. Therefore, learned counsel prayed for requisite modification in the order passed by this Court dated 20.9.2016 and only the applicant No.1-C be allowed to withdraw the amount. In view of nature of subject matter the applicant to file consent affidavit of applicant Nos.1A and 1B in this matter for allowing the applicant No.1C to withdraw the compensation amount deposited in this court, as per the order passed by this court dated 20.9.2016.

{2} ca1259517.odt On 27.11.2017, at the request of learned counsel for the applicant, matter was adjourned to 9th January, 2018. Upon perusal of the record, it is clear that consent affidavits of applicants no.1A and 1B are not filed. In view of the aforesaid, application seeking modification, cannot be considered and is required to be dismissed.

Civil Application is, therefore, dismissed.

If the applicants are able to secure written consent/affidavits of applicants no.1A and 1B, then the applicants shall have liberty to file a fresh application seeking for the same relief.

M.S.SONAK JUDGE adb