Bombay High CourtFA/1203/2017disposed off as a withdrawn

Tarachand S/O Dhaduji Meshram v. Alka Wd/O Surendra Harshe And Others

2021-08-03Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

27 caf1447.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1447 OF 2021 IN FIRST APPEAL NO. 1203 OF 2017 Tarachand Dhaduji Meshram Vs.

Mrs. Alka Wd/o Surendra Harshe and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.R. Rishi, Advocate for applicant.

Shri P.N. Sangidwar, Advocate for non-applicant nos.1 to 5. CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 3 rd AUGUST, 2021.

Heard.

(2) By this application, respondent nos.1 to 5/claimants seeking modification of order and condonation of delay in filing undertaking.

(3) Learned counsel for respondent nos.1 to 5 submitted that in the order dated 08.02.2021 while allowing the application for withdrawal of amount, filed by respondent nos.1 to 5, the name of respondent no.4 is missing from the order due to inadvertent error. (4) Considering this fact, the order dated 08.02.2021 is modified accordingly by adding respondent no.4 along with respondent nos.1 and 5.

27 caf1447.21.odt (5) After modification, respondent nos.1, 4 and 5 are permitted to withdraw the decreetal amount in their joint account and distribution of decreetal amount i.e. Rs.6,21,000/- with accrued interest thereon shall be equally divided amongst respondent nos.1 to 5.

(6) As per order dated 08.02.2021 of this Court, the shares of respondent nos.2 and 3 i.e. Rs.4,00,000/- along with proportionate accrued interest thereon be invested in any Nationalized Bank for a period of six years with further renewal till they attain the age of majority. (7) Balance amount i.e. Rs.2,21,000/- with proportionate accrued interest thereon be equally distributed amongst respondent nos.1, 4 and 5. FIRST APPEAL NO. 1203 OF 2017 Shri A.R. Rishi, learned counsel for the appellant on instructions submits that the matter is settled between the parties and therefore seeks leave to withdraw the appeal. Leave is granted as prayed for.

The appeal stands disposed of as withdrawn.

JUDGE Wagh