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Bombay High CourtCA/14215/2019disposed offdismissed for default

Rafiquekhan Afjalkhan Pathan v. Mohammad Khuddus Mohmad Kasim

2019-12-10Hon'Ble Shri Justice Mangesh S. Patil1 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CIVIL APPLICATION NO.14215 OF 2019 IN FA/3517/2011 RAFIQUEKHAN AFJALKHAN PATHAN

VERSUS

MOHAMMAD KHUDDUS MOHMAD KASIM ...

Advocate for Applicant : Sonwalkar Vilas R.

...

CORAM : MANGESH S. PATIL, J.

DATE : 10.12.2019 P.C. :- This is an application by the original plaintiff for withdrawal of the amount which is deposited in this Court.

2] After having heard the learned advocate it appears that the amount was deposited in this Court when the First Appeal was filed and pending here. Subsequently due to change in the pecuniary jurisdiction of the District Court to entertain First Appeals, it was transferred to the District Court at Ambejogai. However, the amount continues to remain with this Court. It would not be appropriate for this Court now to entertain this Application, instead it would be proper to transmit the amount with interest to the District Court and the applicant plaintiff can seek appropriate direction from that Court. With this direction, the Application is disposed of. [MANGESH S. PATIL, J.] umg/