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Bombay High CourtCAF/1211/2023ca disposed off

Indu Madhav Gohate And And Others v. Parikshit Dhyaneshwar Taksande And Anor.

2023-04-28Hon'Ble Justice Urmila Joshi Phalke1 pages

5 CAF-1211-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1211 OF 2023 IN FIRST APPEAL NO.174 OF 2009 [Smt. Indu wd/o Madhao Gohate and Ors. ..V/s.. Parikshit s/o Dhyaneshwar Taksande and Anr.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. Hussain, Advocate for Applicants/Appellants. Ms A. Mategaonker, Advocate for Respondent No.2. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 28 th APRIL, 3 .

.

This application is for deletion of name of appellant Nos.2 and 3, as during the pendency of the appeal, they are expired. However, their names are not deleted inadvertently and the share was allotted to them.

2.

As per the contentions of the appellants, appeal is already disposed of vide judgment dated 13.06.2022 and share is allotted to appellant Nos.2 and 3. As appellant Nos.2 and 3 are no more, their shares are to be distributed amongst other appellants, in view of the appeal is already disposed of. Learned Advocate for appellants further submitted that the appellant No.6 was added on her maiden name. Her bank account is also on the maiden name, but the Aadhar card shows her name, which is changed after marriage. 3.

In view of the above, the application is allowed and the appellant No.6 is permitted to withdraw the amount by her maiden name. The share of appellant Nos.2 and 3 be distributed amongst all other appellants.

4.

In view of the above terms, the civil application is disposed of.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE JUDGE.

TAMBE