Dnyaneshwar Karbhari Shinde And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11487 OF 2019 IN WRIT PETITION NO.9089 OF 2016 Dnyaneshwar s/o Karbhari Shinde and others Applicants

Versus

The State of Maharashtra & others Respondents Mr.Kiran Nagarkar, advocate holding for Mrs.Smita S.Kulkarni, advocate for the applicants.

Mr.S.P.Sonpawale, AGP for Respondents No.1 to 4. Mr.A.V.Hon, advocate for Respondent No.5.

Mrs.M.D.Thube, advocate for Respondents No.6 to 10. CORAM : PRASANNA B. VARALE & AVINASH G. GHAROTE, JJ.

DATE : 23rd September, 2019 PER COURT:

Heard Mr.Nagarkar, learned Counsel for the applicants.

Our attention is invited to the order of this Court dated 04.07.2017. It is not in dispute that the Division Bench of this Court was pleased to allow withdrawal of amount in favour of petitioners and by way of present application, it is submitted that due to certain technical difficulties, it is not possible for the

{2} ca1148719.odt petitioners to withdraw the amount independently. Hence, all these petitioners jointly allow petitioner no.8 to withdraw the amount and petitioner no.8, in turn, undertakes to disburse the amount in equal share to each of the petitioners. The statement of petitioner no.8 is accepted as an undertaking to this Court.

In view of these facts, we see no reason to disallow the application. As such, Civil Application is allowed in terms of prayer clause (B) and disposed of as such.

AVINASH G. GHAROTE PRASANNA B. VARALE JUDGE JUDGE adb/