Prasad Tuljiram Nirval (Died) Through Lrs Suresh Prasadrao Nirval v. The State Of Maharashtra Thr Collector, Jalna And ORS

2025:BHC-AUG:14697 -1- CA No-5867-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5867 OF 2025 IN FIRST APPEAL NO. 1909 OF 2022 PRASAD TULJIRAM NIRVAL (DIED), THROUGH LRS.

SURESH PRASADRAO NIRVAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALNA AND OTHERS ......

Mr. D. M. Kakade, Advocate for Applicant.

Mr. N. D. Batule, APP for Respondents - State. Mr. Ram Deshpande, Advocate for Respondent No.3. ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 11 JUNE 2025 PER COURT :

1.

Not on board. Upon mentioning taken board.

2.

Applicants, who are legal heirs of original claimant have set up following prayers :- "(a) This Hon'ble Court may be pleased to allow this civil application.

(b) This Hon'ble Court may be pleased to pass the order and disburse the deposited amount i.e. Rs.14,42,477/- (Rupees Fourteen Lakh Fourty Two Thousand Four Hundred Seventy Seven Only) to the applicants with accrued interest thereon. (c) And for such other and further orders be passed as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case."

-2- CA No-5867-2025 3.

Learned counsel for applicants pointed out that, matter was referred before Lok Adalat on 03.03.2024. Parties, who participated, agreed to withdraw the appeal in view of terms of compromise marked at Exh.'X' and as such, First Appeal itself stands settled now. Copy of order dated 03.03.2024 is placed and annexed and for above reasons, he urges for grant of above prayer. 4.

Learned APP conceded that matter was referred to Lok Adalat on 03.03.2024 and matter has been settled therein. 5.

Note of office is also shown about amount being deposited, and therefore, Civil Application for disbursement and withdrawal of amount with interest accrued thereon, is required to be allowed and the same is allowed.

6.

Learned counsel for applicants makes a statement that, legal heirs of original claimant have opened a joint account, and therefore, office is directed to credit the said amount in the joint account.

7.

Civil Application is disposed off accordingly. (ABHAY S. WAGHWASE, J.) Tandale