Bhagwandas T. Puthran (Deceased Thr. Lrs.) Sandeep S/O Bhagwandas Puthran Adn Another v. Jayant Ganpatrao Buty (Deceased Thr. Lrs.) Bhagyashree Wd/O Jayant Buty And Others

912 caw139.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO. 139 of 2021 IN WRIT PETITION NO. 1066 OF 2020 (D) Bhagwandas Timappa Puthran, through LRs Sandeep s/o Bhagwandas Putharan & Anr Vs.

Jayant s/o Ganpatrao Buty, through LRs Bhagyashree Wd/o Jayant Buty and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri P.N. Kothari, Advocate for applicants/respondents. Shri S.V. Bhutada, Advocate for non-applicants/petitioners. CORAM : V.M. DESHPANDE, J.

DATE : 29 th JANUARY, 2021.

This application is moved by the respondents seeking permission to withdraw the amount deposited by the petitioners towards occupation charges. In the prayer it has been stated that the petitioners have deposited Rs.2,40,000/-.

(2) Shri Bhutada, learned counsel for nonapplicants/petitioners has no objection for withdrawal of the said amount, however he only submits that if it is found that amount is in excess, then it be adjusted in the mesne profit proceedings, if it is filed by the respondents. (3) Shri Kothari, learned counsel for the applicants/respondents who has moved this application has no objection.

912 caw139.21.odt (4) The respondents are permitted to withdraw the amount of Rs.2,40,000/- deposited before this Court and if it is found that the amount is more than the agreed contractual amount of occupation charges then that amount will be adjusted, if the mesne profit proceedings are filed by the respondents.

(5) The civil application is allowed and disposed of accordingly.

JUDGE Wagh