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Bombay High CourtCA/2179/2026admittedallowedgrantedrule absolute

Shaikh Nizamoddin Haji Amiroddin Chaudhari (Died) Thr Lrs Zubeda Begaum And ORS v. The State Of Maharashtra And ORS

2026-02-26Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:9033 ( 1 ) 58 CA 2179 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 CIVIL APPLICATION NO. 2179 OF 2026 IN FA/1325/2021 SHAIKH NIZAMODDIN HAJI AMIRODDIN CHAUDHARI (DIED) THR LRS ZUBEDA BEGAUM AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Mr. Namdev D. Kendre, Advocate for Applicants Mr. S. V. Hange, AGP for Respondent Nos.1 and 2/State ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 26.02.2026 PER COURT :- .

The applicants seek directions to permit applicant No.1 - Zubeda Begum w/o Nizamoddin Chaudhari to receive the amount on behalf of applicant Nos.2 to 9.

2.

A practical difficulty is expressed by the learned counsel for the applicants that applicant Nos.3, 4, 5, 7 and 8 are residing abroad and are unable to approach this Court to receive the amount. The other claimants are residing at difference places. Therefore, a request is made to permit applicant No.1 to receive the amount on their behalf.

3.

Considering the difficulty, I do not see any legal impediment in permitting applicant No.1 - Zubeda Begum to receive the amount on behalf of

( 2 ) 58 CA 2179 OF 2026 applicant Nos.2 to 9 as per their respective shares. It is made clear that the permission to disburse the amount to applicant No.1 shall be at the risk and at peril of applicant Nos.2 to 9 and this Court will not entertain any dispute inter se.

4.

Civil Application is allowed in terms of prayer clause "B" on condition that it shall be the responsibility of applicant No.1 - Zubeda Begum to disburse the amount to applicant Nos.2 to 9 as per their entitlement, as and when the same is demanded by them.

( SHAILESH P. BRAHME, J. ) PRW