Smt. Asha Wd/O Pandurang Raut And Others v. Mohd. Majid Mohd. Afsar And Others

1 10 caf 814.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION NO. 814 OF 2022 IN FIRST APPEAL NO. 963 OF 2018 Smt. Asha wd/o Pandurang Raut and ors.

..vs..

Mohd. Majid Mohd. Afsar and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. J.A. Malnas, Advocate for the applicants. Shri Lalit Limaye, Advocate for respondent no. 2. CORAM :

M.S. KARNIK, J.

DATED :

11/04/2022.

Heard the learned Counsel for the applicants, who are the original claimants along with respondent no. 3. The appeal is already decided vide judgment and order dated 20.08.2021, passed by this Court.

2.

The compensation amount is already deposited by the respondent no.2 - The Oriental Insurance Company Limited.

3.

Now, that the appeal is decided, the present application for withdrawal needs to be allowed. 4.

Learned Counsel appearing for the respondent 2 fairly submits that he will not in a position to oppose the said application, in view of the decision in the appeal. The Civil Application is allowed in term of prayer Clause (a). 5.

The Civil Application is disposed of.

CIVIL APPLICATION (CAF) NO. 815 OF 2022 This is an application for disbursing the amount of compensation as regards the share, which the respondent 3

2 10 caf 814.2022 has, in the name of Gondabai wd/o Laxman Raut. 2.

In the cause title of the Appeal as well as the Civil Application, name first name of respondent no. 3 is mentioned as Rukmini. The learned Counsel submits that 'Rukmini' is her maiden name. Post marriage, her first name is 'Gondabai'. This mistake needs to be corrected. 3.

Learned Counsel for the respondent no. 2 Insurance Company, does not oppose the application. 4.

The application is allowed in terms of prayer Clause-(a).

5.

The application is disposed of.

JU DGE Trupti TRUPTI SANTOSHJI AGRAWAL 13.04.2022 13:24