Suryanarayan S/O Vishwanath Singh v. Jaiwantabai Wd/O Sadhu Patle And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 1138 of 2016 IN First Appeal No. 440 of 2006 [decided] [Suryanarayn Singh Vishwanath Singh Vs. Janwantabai Sadhu Patle & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. K.S. Motwani, Adv., for the applicant.

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CORAM

:

R.K. DESHPANDE, J.

DATE :

29th April, 2016 First Appeal No. 440 of 2006 was decided by this Court on 5/6th February, 2015. In para 7 of the Judgment, this Court has held as under:- "7.

The appellant has deposited Rs.2,11,970/- with the Registry of this Court on 10th December, 2010. The amount deposited by the appellant along with interest, be given to the respondent no.1. However, the appellant shall be entitled to claim the amount from the respondent no.2 - Insurance Company."

It is informed that the respondent no.1 expired on

17th June, 2013, i.e., before the Judgment was delivered by this Court; but her legal representatives were not brought on record. Hence, this application is moved for permission to bring the name of the applicant as the sole legal representative of the respondent no.1, and for grant of permission to withdraw the amount in terms of paragraph 7 of the Judgment reproduced above. For the reasons stated in the application, the application is allowed. The Applicant to carry out necessary amendment within a period of one week from today. Upon carrying out such amendment, the office shall permit the applicant to withdraw the amount along with interest, if any.

Judge |hedau|