Bombay High Court

ANJUM PARVEEN W/O SYED BADRUDDIN AND ORSversusKISHOR DASHRATH JADHAV AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The application is allowed because the applicant’s mental disability, evidenced by medical records, justifies the relief.

Summary

The applicants filed a civil application seeking permission to withdraw Rs.5,00,000 plus interest from a deposited amount. The court noted that applicant No.2 suffers from a mental disability, as substantiated by medical documents placed on record. The presence of this disability was deemed material to the relief sought. The bench held that the application merited allowance in view of the evidence presented. Consequently, the court ordered that the applicants may withdraw the specified sum upon furnishing an undertaking satisfactory to the Registrar (Judicial). The decision underscores the court’s willingness to accommodate parties with mental disabilities in procedural matters.

Issues considered

Whether the application for withdrawal of the deposited amount should be allowed given the applicant's mental disability?

Subjects

mental disability
withdrawal of deposit
civil application
interest
undertaking
high court

Judgment

2026:BHC-AUG:40371
                                                                  C.A. No.7369/2024
                                           :: 1 ::




                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY

                                BENCH AT AURANGABAD


                           CIVIL APPLICATION NO.7369/2024 IN
                             FIRST APPEAL NO.2799 OF 2018


            Anjum Parveen w/o Syed Badruddin & ors.       … APPLICANTS

                     VERSUS

            Kishor s/o Dashrath Jadhav & ors.             … RESPONDENTS

                                            .......
            Mr. A.P. Khedkar, Advocate for applicants
            Mr. A.S. Usmanpurkar, Advocate for R.No.3
                                           ....…

                                   CORAM : SACHIN S. DESHMUKH, J.
                                   DATE     : 3rd SEPTEMBER, 2026

            PER COURT :


            1.          The application is taken out since the applicant No.2 is

            suffering with mental disability, which is evident from the medical

            papers and which were placed on record.           In that view of the

            matter, the application deserves to be allowed.



            2.          Resultantly, the application is allowed. The applicants

            are permitted to withdraw amount of Rs.5,00,000/- (Rupees Five
                                                    C.A. No.7369/2024
                                 :: 2 ::


Lakhs) out of the total deposited amount along with interest

accrued thereon, on furnishing undertaking to the satisfaction of

Registrar (Judicial) of this Court.




                                      (SACHIN S. DESHMUKH, J.)




fmp/-

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