Eknath Mathaji Aher Died Through Lrs Chandrabhaga Eknath Aher And Others v. Shirdi Nagar Panchayat Through Its Chief Officer And Another

2025:BHC-AUG:1737 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 13381 OF 2024 IN WP/1704/2009 EKNATH MATHAJI AHER DIED THROUGH LRS CHANDRABHAGA EKNATH AHER AND OTHERS .....Petitioner

VERSUS

SHIRDI NAGAR PANCHAYAT THROUGH ITS CHIEF OFFICER AND ANOTHER .....Respondent Mr. Anuj A. Fulfagar, Advocate for the applicant Mr. P. D. Patil, AGP for the respondents/State Mr. P. P. Patil, Advocate h/f Mr. A. S. Bajaj, Advocate for the respondent No.

CORAM : KISHORE C. SANT, J.

DATE : 16th JANUARY, 2025 P. C.

1.

This application is by the legal heirs of the claimants.

2.

The some of the claimants had approached the Hon'ble Apex Court. The Hon'ble Apex Court decided the SLP by order dated 22-02-2016 and directed the respondents to deposit

(2) the amount as per entitlement of the claimants depending upon the size of the shop.

3.

Pursuant to the judgment by the Hon'ble Apex Court now the respondents have deposited the amount in the office of this court as per the list submitted by the respondents of all the claimants.

4.

This is the application by the legal heirs in the time, as the original claimants died. The applicants have produced on record the heirship certificate issued by the civil court with the application.

5.

The applicants are facing difficulty while withdrawing the amount from the office of this court and therefore this application is filed. Some of the original claimants have already withdrawn the amount in view of order dated 1512-2023 in CA/13024/2023 same is produced on record.

(3) 6.

The applicant No.3 is unsound Mind and the civil court by order dated 13-02-2024 as appointed applicant No.2-7 as next friend. The other applicant Nos.2-1 to 2-6 have also given affidavit stating that they have no objection if the entire amount alongwith interest is withdrawn by the Shubham Narayan Aher -applicant No.2-7. The said affidavit is taken on record.

7.

Considering the above, the application stands allowed in terms of prayer clause-A.

[KISHORE C. SANT, J.] VishalK/8ca13381.24