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Bombay High CourtCAS/352/2022allowed

Suhas S/O. Wamanrao Khadgi v. Arun S/O. Wamanrao Khadgi And Another

2022-04-11Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 30-C.A.S.352.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.S. NO. 352 OF 2022 IN SECOND APPEAL NO. 20 OF 2016 (D) Suhas S/o Wamanrao Khadgi vs. Arun S/o Wamanrao Khadgi and anr. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. V. K. Paliwal, Advocate for applicant.

Mr. Sudhir Malode, Advocate for respondent No.1. CORAM :

MANISH PITALE J.

DATE : 11/04/2022 By this application, the applicant/original appellant and defendant in the civil suit has prayed for permission to withdraw the amounts deposited in this Court as well as the appellate Court.

2.

It is pointed out that subsequently the dispute between the parties were settled as a consequence of which, the appeal stood disposed of, on the basis of that the respondent i.e. original plaintiff withdrew the suit itself.

3.

In these circumstances, prayer is made in the present application for withdrawal of the KOLHE

2 / 2 30-C.A.S.352.2022 amounts lying in this Court and the appellate Court. The respondent has no objection for the same, in view of the settlement of dispute between the parties. 4.

Accordingly, the application is allowed.

5.

The amounts deposited in this Court as well as the appellate Court shall be disbursed in favour of the applicant along with accrued interest, if any.

6.

Application is disposed of.

JUDGE CHANDRAKANT KOLHE 10:29 KOLHE