1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 1714 of 2011 [Smt. Maria S. Daniel & another Vs. Manager, LIC & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.S. Dhore, Adv., for the petitioners. Mrs. Smita Deshpande, Adv., for respondent nos. 1 and 2. ----- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 17th September, 2011. 1. Heard respective counsel. 2. The Succession Certificate granted by Fifth Joint Civil Judge [Senior Division], Nagpur, to petitioners in Succession Case No. 10 of 2001 while passing the order has attained finality in so far as father and mother of the deceased are concerned. Mr. Dhore points out that only the alleged second wife had filed First Appeal No. 309 of 2010, and though that appeal has been admitted, this Court has, after recording reasons, refused to stay the order. 2 3. Mr. Dhore further states that petitioners have furnished necessary bonds to secure the amount before Trial Court and he makes a statement that petitioners will also furnish security with Solvency Certificate to the satisfaction of Registrar [Judicial] of this Court, if payment of amount deposited with the Registry is released to them. 4. Learned Adv. Mrs. Smita Deshpande for respondent nos. 1 and 2 is not disputing factual situation. However, she states that as deceased had submitted separate nominations, amount has been deposited by separate cheques and this Court may pass appropriate orders to discharge the respondent nos. 1 and 2 of their liability. 5. We accordingly allow the petition and permit the petitioners to withdraw the amount deposited with the Registry of this Court after furnishing a solvent surety to the satisfaction of Registrar [Judicial] of this Court. It is made clear that respondent nos. 1 and 2 are discharged of their liability in the matter. 6. The payment received by petitioners and surety furnished by them is to continue till adjudication of First Appeal No. 309 of 2010, and is subject to that adjudication. The copy of this order be placed on record of First Appeal No.309 of 2010 and surety furnished should also be placed along with record of that 3 First Appeal. 7. Petition is, thus, allowed. No costs. Judge Judge |Hedau|