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Bombay High CourtCA/16339/2016disposed offdismissed for default

Nishikant Pandurang Kolape (Patil) Died Thr His Lrs Pushabai And Others v. Shrimant Gurulingappa Lokhande And ORS

2019-06-18Hon'Ble Shri Justice Sunil K. Kotwal2 pages

(1) CA 8095/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO.16339 OF 2016 IN FIRST APPEAL NO. 493 OF 1997 Nishikant Pandurang Kolape Died) Through legal representatives.

Applicants

Versus

Shrimant Gurulingappa Lokhande and others.

Respondents *** Mr. S.A. Wakure, Advocate for the applicants. *** CORAM : SUNIL K. KOTWAL, J.

Dated :

18 June 2019.

ORDER.

Leave is granted to correct title clause that applicant Nos.2 to 5 are the legal representatives of applicant No.1 Nishikant Pandurang Kolape (Patil) and they are at Serial No.1 (a) to 1 (d).

2.

This is an application for withdrawal of amount deposited in this Court.

3.

First Appeal No.493 of 1997 was dismissed on 13

(2) CA 8095/2017 January 2014. From the record, it emerges that in execution Petition No.16 of 1997 pending before the Tribunal, compromise arrived in between Decree Holder and Judgment Debtor that fixed deposit amount of Rs. 40,000/- with accrued interest thereon shall be withdrawn by the Decree Holder who is the claimant in original proceeding. The applicants are legal heirs of original claimant Nishikant Pandurang Kolape. Therefore, permission is granted to the applicant Nos.1 (a) to 1 (d) to withdraw deposited compensation amount of Rs. 40,000/- with accrued interest thereon.

4.

Registrar (Judicial) to act accordingly after verifying the photo identity of the applicants.

5.

Civil Application is disposed of.

( SUNIL K. KOTWAL, J.) vdd/