Disposed

Natthuji S/O Amrutrao Kamble (Dead) Thr. Lrs. Smt. Ahilyabai Wd/O Natthuji Kamble and Others v. Manohar S/O Amrutrao Satpudke (Dead) through Lrs. Ramabai Wd/O Manohar Satpudke and Others

Bombay HC15 Jan 2020CAS/851/2019

Case brief

AI extract

What is this about?

The High Court at Nagpur allowed respondents to withdraw the deposited sum of Rs.97,500/- pending the second appeal. The order was passed by consent of counsel, with the appeal vacated for next date of hearing and the second appeal paper book completed.

What did the court decide?

Permission granted to respondents to withdraw the sum of Rs.97,500/- deposited by appellants.

Natthuji S/O Amrutrao Kamble (Dead) Thr. Lrs. Smt… — Property and Title | Bombay HC (2020)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

¶3

CAS No.851/2019 IN Second Appeal No.490 OF 2011

¶4

Nathuji S/o Amrutrao Kamble (deceased) through LRs.

¶5

Vs.

¶6

Manohar s/o Amrutrao Satpudke (deceased) through LRs.

¶7

.............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

¶8

.............................................................................................................................................. Shri Piyush S. Kadam, Advocate for the Appellants. Shri A.S.Moon, Advocate for the Respondents.

¶9

CORAM : MILIND N. JADHAV, J. DATED : 15/01/2020.

¶10

Heard learned counsel appearing for the respective parties.

¶11

The Respondents have taken out this application for seeking permission to withdraw sum of Rs.97,500/which has been deposited by the Appellants. The Appeal has been admitted on 12.12.2014. Thereafter, there is an interim order directing the Appellants to deposit sum of Rs.15,000/- per year with the trial Court during pendency of the Second Appeal. Interim directions regarding injunction have also been passed by the Court.

¶12

Shri Moon, learned counsel appearing for the Respondents submits that the Appellants are at presently earning profit of Rs.25,000/- per annum; whereas the Respondents are in hardship and penury. He submits

¶13

¶14

that the deposit of amount, which has been directed by this Court, can be allowed to be withdrawn by the Respondents.

¶15

Shri Kadam, learned counsel appearing on behalf of the Appellants very fairly submits that the relief, which has been prayed for in the application be granted, in accordance with law. He submits that the Respondents are creating hurdles in the way of the Appellants to cultivate the suit property-field inasmuch as very recently the Respondents have cut off the electricity supply to the suit property-field. He submits that the Appellants had to run from pillar to post to seek restoration of the electricity supply and faced several difficulties because the suit property-field was shown in the name of the Respondents. However, the Appellants have not filed any affidavit-in-reply placing on record the aforesaid difficulties created by the RespondentsApplicants. In rebuttal, Shri A.S.Moon, learned counsel appearing for the Respondents has also been fair and submits that he shall impress upon his clients-ApplicantsRespondents that they shall not indulge in such activities. He submits that he shall ensure and persuade his clients to allow the Appellants to cultivate the suit property-field without any hindrance or difficulties. He also submits that the Respondents shall participate in restoration of the electricity supply, if it has not been restored as yet. This stand taken by Shri A.S.Moon,

¶16

¶17

learned counsel appearing for the Respondents, is appreciated by the Court.

¶18

In view of the above, by consent of learned counsel appearing for the parties, relief as prayed for in prayer clause (i) can be granted.

¶19

Accordingly, the Applicants-Respondent nos.1 to 5 are permitted to withdraw the sum of Rs.97,500/- which has been deposited by the Appellants in this Court, after following due procedure in accordance with law.

¶20

Civil Application is accordingly disposed of. 8. List the Second Appeal for hearing on

¶21

30.1.2020.

¶22

In the meanwhile, paper book, which has been filed by the Appellants, appears to be incomplete as the depositions of some of the witnesses do not seem to be part thereof. The learned counsel for the Respondents agrees to supply the same to the learned counsel for the Appellants and complete the private paper book.

¶23

List the Second Appeal on 30.1.2020.

¶24

JUDGE

¶25

Ambulkar

Natthuji S/O Amrutrao Kamble (Dead) Thr. Lrs. Smt. Ahilyabai Wd/O Natthuji Kamble and Others v. Manohar S/O Amrutrao Satpudke (Dead) through Lrs. Ramabai Wd/O Manohar Satpudke and Others

Case brief

What is this about?

What did the court decide?

Natthuji S/O Amrutrao Kamble (Dead) Thr. Lrs. Smt. Ahilyabai Wd/O Natthuji Kamble and Others v. Manohar S/O Amrutrao Satpudke (Dead) through Lrs. Ramabai Wd/O Manohar Satpudke and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt.Mangalabai Wd/O Santosh Mandot and 3 Others Vs Oriental Insurance Company, Divisional Officer, Akola through Its Regional Manager and 2 Others.

Jivan S/O.Pandu Kapgate and Others Vs Thakram S/O.Mohan Kosre and Others

Vidarbha Irrigation Development Corporation through Its Executive Engineer Vs Rajendra Narayan Mahalle and 2 Others

Laxman S/O Dada Sawant and Ors. vs the State of Maharashtra Thru Prin. Secretary , Dept. of Co-Operation and Ors.

The Divisional Manager, United India Insurance Co. Ltd. Gwalior, Thr. Regional Manager Vs Kapil S/O Bhagwandas Kela and Another

Jawaharlal S/O Motilalji Chobe (Dead) Thr. Lrs Kamlabai J Chobe Vs Smt. Ramkuwar W/O Surajprasad Awasthi and Ors.