Sy. Naseem S/O. Sy. Ishaque v. Naima Parveen Wd/O. Sayyad Maqsood Ali Hussaini And Others

CAF3488-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Civil Application (CAF) No.3488 of 2019 in First Appeal No.9 of 2017(D) ( Sayyed Waseem s/o Sayyed Ishaque .vs. Naima Parveen wd/o Syed Maqsood Ali Hussaini and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. P.V. Navlani, Advocate for Appellant Mr. S.V. Jaiswal, Advocate for Respondent No.6. CORAM : Manish Pitale, J.

DATED : September 18, 2019.

This is an application seeking permission to withdraw mandatory deposit of Rs.25,000/- deposited by the original appellant/applicant herein. It is pointed out that the respondents-claimants settled the matter with the appellant herein and other respondents before the Tribunal after dismissal of the present appeal. It is recorded that on the basis of pursis filed on behalf of the claimants, the claim application itself before the Tribunal was closed.

2.

In this backdrop, the applicant/original appellant has sought permission to withdraw the amount of Rs. 25,000/- deposited in this Court. 3.

In view of the above facts, the present application is allowed and the applicant (original appellant) is permitted to withdraw the amount of Rs.25,000/- deposited in this Court along with accrued

CAF3488-19.odt interest, if any.

4.

In the prayer clause of the present application, it is also requested that permission may be granted to correct the name of the appellant in the cause title of the appeal.

5.

For the reasons stated in the application, the said prayer is granted and accordingly the learned counsel for the applicant (original appellant) is permitted to correct the name of the appellant forthwith to facilitate withdrawal of the amount, as permitted by this Court. Application is disposed of.

JUDGE halwai