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Bombay High CourtCA/11785/2023dismissed

Balasaheb Sambhaji Telange v. Haribai Ramesh Telange And ORS

2024-07-20Hon'Ble Shri Justice Kishore C. Sant2 pages

911ca11785.23 withdraw

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 11785 OF 2023 IN FA/3120/2021 BALASAHEB S/O SAMBHAJI TELANGE

VERSUS

HARIBAI RAMESH TELANGE AND ORS.

...

Advocate for Applicant : Mr. Patil Jayant R.

AGP for Respondents/State : Mrs. M.L. Sangit Advocate for Respondent Nos. 1 & 2 : Mr. Irale Eknath G. ...

CORAM : KISHORE C. SANT, J.

DATE : 20th JULY, 2024.

PER COURT :

1.

This application is filed for withdrawal of the amount lying in the account of the applicant in The Maharashtra Nagari Sahakari Bank, Branch Ahmadpur. The said amount is transferred to the said bank as was deposited in the executing Court by the Acquiring Body.

2.

Later on, bank issued letter dated 09.06.2023 showing that the amount is freezed in view of the order passed

911ca11785.23 withdraw by this Court in Civil Application No. 13483 of 2021. 3.

This Court has also on 25.01.2024 passed an order that this application will be considered subject to the outcome of the application for stay.

4.

Today this Court by separate order has dismissed the Civil Application No. 13483 of 2021. Prima facie case is also considered while deciding that application.

5.

In view of the above, this Court is inclined to allow the application. Hence following order :

ORDER

a) The Civil Application is allowed in terms of prayer Clause (B).

b) The Civil Application stands disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/