Laxman Hari Chabukswar Died Thr Lrs Sheubai And ORS v. The State Of Maharashtra

951 ca 14387.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 51 CIVIL APPLICATION NO. 14387 OF 2016 IN FA/23/2007 LAXMAN HARI CHABUKSWAR DIED THR LRS SHEUBAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Nagargoje Ankush N. AGP for Respondents: G.O. Wattamwar ...

CORAM : P.R. BORA, J.

DATE : 26-10-2016.

P.C. :

1.

Issue notice to the respondents. Learned A.G.P. waives for respondent state.

2.

Mr. Nagargoje, learned counsel appearing for the applicants submits that, after the first appeal no. 23 of 2007 filed by the state against the present applicants was dismissed by this court, civil application no. 11790 of 2016 was filed by these applicants seeking withdrawal of the deposited amount in this court. Learned counsel submitted that aforesaid application was allowed by this court (Coram: A.V. Nirgude, J.) vide order dated 29.08.2016 and the applicants were permitted to withdraw the deposited amount.

3.

The learned counsel further submitted that, however, since their shares were not determined inter say the registry of this court did not disburse the amount. The learned counsel submits

951 ca 14387.16.odt that, present application is filed in consensus with all the applicants and there is no dispute between applicants as regards to their respective shares. The learned A.G.P. has prayed for passing appropriate orders. Having regard to the contention of the application and in view of the fact that, the application is jointly filed by all the applicants and as submitted by the learned counsel there is no dispute amongst the applicants in respect of their respective shares in the amount of compensation, I am inclined to allow the present application. Hence the following order.

ORDER

I) The application is allowed in terms of clause 'A', 'B' & 'C'. Civil application stands disposed of. (P.R. BORA) JUDGE mub