Yuvraj Laxman Shirsat v. Shaikh Habib Shaikh Ahmed And ORS

1 4-CA 15609-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15609 OF 2022 IN FA/4302/2016 Yuvraj Laxman Shirsat .. Applicant

Versus

Shaikh Habib Shaikh Ahmed and others .. Respondents Mr. Arun S. Shejwal, Advocate for the Applicant. Mr. S. S. Rathi, Advocate for Respondent No. 3. CORAM : KISHORE C. SANT, J.

DATED : 30th AUGUST, 2023.

P. C. :- .

The present civil application is filed for withdrawal of the amount of Rs. 2,19,180/- i.e. deposited by the respondents pursuant to the judgment passed in First Appeal No. 4302/2016. The amount of compensation awarded by the learned M.A.C.T., Jalna came to be enhanced by way of judgment in the first appeal. The first appeal was disposed off on 05.09.2022. On 17.10.2022 the respondent No. 3 deposited the amount of enhanced compensation. 2.

This Court finds that, since the liability is accepted and therefore, the amount is deposited, with no condition this civil application needs to be allowed.

2 4-CA 15609-2022.odt 3.

The civil application stands allowed.

4.

Office to allow the applicant to withdraw the amount of Rs. 2,19,180/- along with interest if any accrued thereupon. 5.

The civil application is disposed off.

( KISHORE C. SANT, J. ) P.S.B.