1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.243 OF 2011 IN FIRST APPEAL NO.412 OF 2007 State of Maharashtra Versus Smt. Ashabai Moreshwar Shrirao and others _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri M.A. Kadu, A.G.P. for the appellant, Shri P.S. Patil, Advocate for the respondents 1,2,3,4 & 6. CORAM : R.M.SAVANT, J. DATED : 18.02.2011. By the above Civil Application, the applicant/ respondent Nos.1, 2 and 3 seek withdrawal of an amount of Rs.50,000/- out of the decreetal amount deposited by the appellant/State in this Court. The reason why the said amount is required, is mentioned in the Civil Application. The learned A.G.P. submits to the orders of the Court. The Annexure to the Civil Application discloses that the daughter of the respondent No.1 was to get married on 17-1-2011 and for the said marriage that the amount of Rs.50,000/- was required. Though the marriage has already taken place, the learned Counsel for the applicants states that the applicant No.1 requires the said amount to defray the 2 marriage expenses. The Civil Application is, therefore, allowed. The applicants are allowed to withdraw the said amount of Rs.50,000/- out of the decretal amount deposited by the appellant/State, on furnishing solvent security to the satisfaction of the learned Registrar of the Court. Civil Application is accordingly disposed of. CIVIL APPLICATION NO.2862/2009. By the above Civil Application, the applicant/ appellant seeks condonation of delay of 109 days for filing the application for bringing the legal heirs of respondent No.7 on record. The reasons why the delay of 109 days has occasioned, are mentioned in the Civil Application. The learned Counsel appearing for respondent Nos. 1,2,3,4 and 6 submit to the orders of the Court. The Civil Application is, therefore, allowed. Resultantly, the delay of 109 days in filing the application for bringing legal heirs of respondent No.7 on record stands condoned. Civil Application is accordingly disposed of. CIVIL APPLICATION NO.2860/2009. By the above Civil Application, the applicant/ appellant seeks to bring the legal heirs of respondent No.7 on record. The names of heirs are mentioned in paragraph 2 of the Civil Application. By an order passed today, the application for condonation of delay in filing the application for bringing legal heirs of respondent No.7 on record has already been allowed. Resultantly, the Civil Application is 3 required to be allowed and is accordingly allowed. The heirs of respondent No.7 are resultantly brought on record. The learned Counsel for the applicant/appellant to carry out the amendment in the cause title of the appeal within a period of two weeks from date. After the amendment is carried out, issue notice to the legal heirs of respondent No.7, returnable in four weeks thereafter. The Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 2861/2009. By the above Civil Application, the applicant/ appellant prays for setting aside abatement qua respondent No.7. By an order passed today, the heirs of respondent No.7 have been allowed to be brought on record. The above Civil Application is, therefore, required to be allowed and is accordingly allowed. Resultantly, the abatement qua the respondent No.7 is set aside. The Civil Application is accordingly disposed of. JUDGE pma