Order 1

Order Details: Miscellaneous appeal
Pdf Text: 1
IN THE COURT OF SESSIONS COURT AT BOMBAY
M. A. NO.19/2018 IN SC NO.655/2006
1. Smt.Shantabai Vinayak Patil and ors ..Applicants
V/s.
1. Mohanbhai Girdharilal Joshi and ors ..Respondents
Ld advocate Mr.Rishikesh Damle for the Applicant.
None present for respondents
CORAM : HIS HONOUR JUDGE
SHRI M.SALMAN AZMI
(Court Room No.1)
DATED : 29th June, 2019
O R D E R
(Dictated in open Court)
1. Read application and reply. Heard.
2. Ld. Counsel for the applicants submitted that the original
suit bearing No.655/2006 was disposed off in terms of the
consent terms dated 27/07/2006 drawn between the
parties. The matter was amicably settled. In view of the
Consent Terms, the plaintiff has deposited Rs. One crore
with the Registry of this Court and by virtue of the
Consent Terms, the defendants were to get the amount as
per the agreement between them. The amount of
Rs.6,65,345/ fell to the share of original defendant
no.32. The legal heirs of defendant no.32 i.e. deceased
defendant no.12Vinayak, deceased defendant no.23
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Tukaram and defendant no.17Kamlakar Damodar Patil
had withdrawn their share amount of Rs.6,65,345/
alongwith interest. At the time of withdrawal of the
amount, defendant no.32 expired. Deceased defendant
nos.12, 23 and defendant no.17 are the legal heirs of
deceased defendant no.32. Meanwhile defendant nos.12
and 2 also expired. Their legal heirs were already on
record. The applicant nos.1 to 4 are legal heirs of original
defendant no.12Vinayak, applicant nos.5 to 9 are the
legal heirs of original defendant no.23Tukaram. The
applicants have executed power of attorney in favour of
Kamlakar Damodar Patil, Pramod Tukaram Patil and
Jagdish Vinayak Patil which is part of the application.
The applicants claimed to be the legal heirs of deceased
defendant no.32 and therefore entitled for the amount fell
to her share. The applicants have also placed additional
affidavit to demonstrate the mode of payment made
earlier and the amount lying with the Registry of this
Court. The applicants have made out the case for getting
the amount lying to the share of deceased defendant
no.32Bayabai. Hence, it is expedient to pass following
order:
O R D E R
1. Misc. Application No.19/2018 is allowed.
2. The Accounts department is directed to make the
payment of Rs.6,65,345/ alongwith the interest
accrued on it as on date to the applicants or to
applicant no.4 their Constitute Attorney on taking
written consent from the other applicants.
3. The amount be paid after due verification.
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4. Application is disposed of accordingly.
29/06/2019 M.S.AZMI
JUDGE, GR.MUMBAI.
Dictated on : 29/06/2019
Transcribed on : 05/07/2019
Signed on : 15/07/2019
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
19/07/19 at 1.00 pm.
MRS.T.C.KAMBLE
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of
judgment/order
29/06/2019
Judgment and order signed by
P.O.
15/07/2019
Judgment/order uploaded on 15/07/2019
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