Bombay High CourtCAF/1554/2015dispossed offdismiss for default

Bajirao S/O Rajaram Deshmukh, Since Dead Through Lrs Shalikram S/O Bajirao Deshmukh And Others v. Tulshiram S/O Saraya Nagre And Others

2015-07-13Hon'Ble Shri Justice A.P. Bhangale2 pages

137caf1555.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAF No.1554 of 2015 with Civil Application No.1555 of 2015 in First Appeal No.999 of 2007 (D) (Bajirao s/o. Rajaram Deshmukh and Ors. vs. Tulsiram s/o. Saraya Nagare and Ors.) ______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs.R.D.Raskar, Adv. for the appellants.

Mr.R.S.Charpe, Adv. for respondent nos. 2 to 7. CORAM : A.P.BHANGALE, J.

DATE : 13.7.2015.

Heard.

Civil Application No.1554 of 2015 is filed by respondent no.3 Meerabai Vasanta Nagre praying that the amount lying in deposit along with interest in this Court be transferred to the Bank Account of the claimants in accordance with the Compromise pursis dt.9.4.2015 so that the amount can be credited to the Bank Account so opened in the name of Meerabai Nagre Vasanta pursuant to compromise.

While identical application is made i.e. Civil Application No.1555 of 2015 by Dinesh Bajirao Deshmukh (appellant no.iii) with a prayer to transfer the amount lying in deposit along with interest with this Court in the name of Dinesh Bajirao Deshmukh (appellant no.iii) herein.

According to the learned Counsel for the claimants, two Bank Accounts may be allowed to be

137caf1555.15.odt opened - one in the name of Dinesh s/o. Bajirao Deshmukh and another in the name of Meerabai Vasanta Nagare in the Nationalised Bank so that the amount pursuant to compromise can be distributed amongst claimants after it is credited to the Accounts opened as above.

Registry shall accept written undertaking from the claimants concerned and allow opening of Bank Accounts in the name of Dinesh s/o. Bajirao Deshmukh and Meerabai Vasanta Nagare subject to written undertaking by them and by other claimants who are consenting parties.

In view of the above, both the Civil Applications are disposed of.

JUDGE jais