Ajay Jagdish Deotale And Others v. Vaibhav Vishnusa Jungade And Another

2024:BHC-NAG:7322 18.caf.748.24 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.748 of 2024 in First Appeal No.785 of 2004 (D) Ajay Jagdish Deotale and others vs. Vaibhav Vishnusa Jungade and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Rani Nitnaware, Advocate for the Applicants/Appellants. None appears for the Non-Applicants/Respondents.

CORAM

: M.W. CHANDWANI, J.

DATE : 9 th JULY, .

The application is filed by the appellant Nos.2, 3 and 4 to withdraw the amount deposited by the Insurance company. 02] Needless to mention that, the appeal filed by the applicants along with appellant No.1-Smt. Shashikala wd/o Jagdish Deotale came to be allowed and compensation was enhanced.

03] The contention of the learned Counsel for the applicants is that after the appeal is allowed, appellant No.1 died. The death certificate has been filed on record, which shows that she died on 06/02/2023. According to the applicants, applicant Nos.1 and 2 are sons and applicant No.3 is a daughter of deceased appellant No.1, who were appellant Nos.2, 3 and 4 respectively in the appeal. 04] In the wake of above, the applicants are permitted to withdraw the decretal amount. The amount of compensation shall be disbursed equally amongst the applicants.

05] The application is allowed and disposed of in the aforesaid terms.

JUDGE *sandesh