Smt. Tulsibai Kishanchand Mulchandani Through Her P.O.A. Harish S/O Harichand Menghani And Another v. Smt. Madhuri W/O Harish Gyanchandani And Another

2024:BHC-NAG:4687 -1- 7.CAF.1129.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1129 OF 2024 IN FIRST APPEAL NO. 793 OF 2014 (D) Tulsibai Kisanchand Mulchandani (Dead) & Anr. Vs.

Smt. Madhuri Harish Gyanchandani & Anr.

********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Ms. Namrata Ghole, Advocate h/f. Mr. S.S. Sitani, Advocate for Appellant No.2. Ms. Aarti Singh, Advocate for Respondent Nos.1 & 2. CORAM : G. A. SANAP, J.

DATED : 23 rd APRIL, 2024.

.

Pursuant to the order dated 16th April, 2024, appellant No.2 has filed an undertaking. The undertaking filed by appellant No.2 to the effect that he will handover the possession of the house property on or before 31st August, 2024 is accepted.

CIVIL APPLICATION (CAF) NO.

OF 20 2.

Heard learned advocates for the parties.

3.

This is an application for withdrawal of the amount of Rs.7,66,530/- with accrued interest. It is stated that appellant No.2 has to secure alternate accommodation, and for that purpose, money is required. Appellant No.2 has filed an undertaking for handing over the possession of the house property to the respondents on or before 31st August, 2024.

-2- 7.CAF.1129.2024.odt 4.

Learned advocate for the respondents submits that the Court may pass an appropriate order.

5.

In view of this, the application is allowed. Appellant No.2 is allowed to withdraw the amount of Rs.7,66,530/- (Rs. Seven Lakhs Sixty Six Thousand Five Hundred and Thirty Only) with accrued interest.

6.

The application stands disposed of, accordingly. (G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 25/04/2024 10:55:24