Maha. Housing And Area Development Auth. (Mhada) Thr. Vice Pres. Cum C.E.O., Bandra Mumbai And ANR v. Smt. Vithabai Wd/O Laxman Paunkar (Since Deceased) Thr. Lrs. Haridas S/O Laxman Paunkar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.264/2022 IN FA NO.500/2021 Mah. Housing and Area Development Authority, Mumbai and anr ..vs..

St.Vithabai Puankar and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri Kothari, Counsel for Appellants.

Mrs.Kirti Satpute, counsel for R-1A to 1K.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 05/01/2023 1.

The application is filed by respondent Nos.1A to 1K (respondents) for setting aside order dated 21.9.2021 passed on CA No.1870/2021 and also for seeking permission to withdraw the deposited amount.

2.

The appellant - acquiring body has already deposited decreetal amount by furnishing calculation chart of Rs.77,25,300/- with accrued interest. The appellant has no objection if the respondents are permitted to withdraw the amount subject to condition that the respondents shall furnish surety to that effect. 3.

Considering reasons mentioned in the application, the application deserves to be allowed partly.

4.

The application is allowed partly. The respondents are permitted to withdraw the decreetal amount of Rs.77,25,300/- on furnishing solvent surety to that effect. The prayer of respondents for for setting aside order dated 21.9.2021 passed on CA No.1870/2021 is hereby rejected.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) by BHUSHAN RANA WANKHEDE Date:

2023.01.06 11:22:20 +0530 !! BrWankhede !!

BHUSHAN RANA WANKHEDE ...../-