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Bombay High CourtCA/12863/2023application allowed

Smt. Wajeda Jabbar Maindargi v. Madanlal Sheshmal Unecha

2023-11-06Hon'Ble Shri Justice S. G. Mehare2 pages

45-CA.12863-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 CIVIL APPLICATION NO.12863 OF 2023 IN CRA/42/2012 SMT. WAJEDA JABBAR MAINDARGI

VERSUS

MADANLAL SHESHMAL UNECHA ...

Adv. for Applicant : Mr. S. P. Nimbalkar h/f Mr. V. R. Dhorde. Advocate for Respondents : Mr. P. K. Lakhotiya. ...

CORAM : S. G. MEHARE, J.

DATE : 06.11.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for the respondent.

2.

The applicant seeks to withdraw the amount of rent deposited by the respondent. However, the learned counsel for the respondent would submit that the applicant cannot be allowed to withdraw the amount of rent.

3.

Perused the application. The applicant is admittedly the owner of the suit premises. He is entitled for its return. Hence, the civil application needs to be allowed. Hence, the following order :

45-CA.12863-23.odt

O R D E R

(i) The civil application is allowed.

(ii) The office is directed to release the amount of rent, as claimed by the applicant.

(S. G. MEHARE, J.) ...

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