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Bombay High CourtCA/344/2023admittedallowedgrantedrule absolute

Laxman Mahadev Telang (Died) Thr Lrs. Padminbai L. Telang (Died) Thr Lrs. Vimalbai And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad And Others

2023-12-11Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2023:BHC-AUG:25893-DB 38-ca-344-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 344 OF 2023 LAXMAN MAHADEV TELANG (DIED) THR LRS. PADMINBAI L. TELANG (DIED) THR LRS. VIMALBAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Mr. G. K. Sontakke, Advocate for applicants.

Mrs. V. S. Choudhari, AGP for respondent No.1 - State. Ms. V. R. Kalyankar h/f Mr. Sanjaykumar B. Bhosale, Advocate for respondent No.2.

...

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATE : 11th December, 2023 ORDER :- .

Present application has been filed for withdrawal of amount. It appears that in view of the order passed by this Court on 04.10.2013, extended on 31.10.2013, the amount that has been deposited is Rs.12,99,016/-.

2.

Learned Advocate Ms. V. R. Kalyankar holding for learned Advocate Mr. Sanjay B. Bhosale for respondent No.2 submits that the amount has been deposited.

[1]

38-ca-344-2023.odt 3.

Under the said circumstance, as it appears that original claimant - Laxman Telang had expired during the proceedings before the Reference Court and now even his widow Smt. Padminibai has also expired, the death certificate has been produced on record to convey that she expired on 06.08.201. Applicant Nos.1-A to 1-D being the legal representatives are entitled to get the said amount and, therefore, the said amount be given to them equally.

4.

Application stands disposed of.

[ ABHAY S. WAGHWASE ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]