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Bombay High CourtIA/8895/2024disposed off

Smt. Bhanumati Rambriksha Rai And Others v. Suresh Bhavaniprasad Mishra And Others

2025-09-16Hon'Ble Shri Justice M. M. Sathaye2 pages

19(2) IA-8895-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date:

2025.09.17 10:28:15 +0530 HUSENBASHA RAHAMAN NADAF INTERIM APPLICATION NO. 8895 OF 2024 IN CIVIL REVISION APPLICATION 483 OF 2009 Smt. Bhanumati Rambriksha Rai & Ors.

....Applicants In the matter between Suresh Bhavaniprasad Mishra & Ors.

....Applicants Vs Smt. Bhanumati Rambriksha Rai & Ors.

....Respondents **** Ms. Yojana Gandhi i/b. Ms. Rekha Shukla for Applicants in IA. Mr. Jayesh Mestry a/w. Ms. Farheen Mustafa for Respondents in IA. **** CORAM : M.M. SATHAYE, J.

DATE : 16th SEPTEMBER, 2025 P.C. :

1.

Considering that the cause title of the revision Application is permitted to be amended by a separate order passed today, similar leave is granted to amend the present application. Amendment be carried out within a period of two week from today. 2.

Heard learned counsel for the parties. This is an application by original Respondent Nos.1 to 8 in the revision application (legal heirs of original plaintiff landlord) seeking permission to withdraw the amount deposited by the revision Applicants in this Court as per order dated 06.10.2009.

3.

It is a common ground before the Court that the amount was deposited by the revision Applicants as per the said order and the Husen

19(2) IA-8895-2024.doc same is lying in the Court. Since revision Applicants are in possession of the property and the impugned decree is stayed subject to payment/deposit of amount, the Applicants must be permitted to withdraw the same along with accrued interest, if any. 4.

The application is accordingly allowed. The Applicants are permitted to withdraw the amount deposited by the revision Applicants (under order dated 06.10.2009) along with accrued interest, if any.

5.

It is clarified that the withdrawal of the amount will be without prejudice to rights and contentions of the parties. 6.

Application is disposed of in above terms.

(M.M. SATHAYE, J.) Husen