SURENDRA SHANKAR WALKAR Vs. LAXMAN SHANKAR WAIKAR

JUDGEMENT

(1.) The relevant facts out of which this civil revision application and the civil application arise are briefly as follows. The applicant and opponent No. 1 are brothers. Opponents Nos. 2 and 3 are the sons of opponent No. 1. There were certain disputes between the applicant on the one hand and the opponents on the other with regard to joint family properties, which were referred to arbitration. During the pendency of the arbitration proceedings, the applicant made an application for grant of a succession certificate in order to enable him to withdraw a sum of Rs. 31,000 which was lying with some banks in Ahmednagar to the credit of the father of the applicant and opponent No. 1 who died on 24-5-1954. That application was granted and the succession certificate was issued in favour of the applicant. After obtaining the aforesaid succession certificate, the applicant withdrew the aforesaid amount of Rs. 31,000 from the banks after furnishing security as ordered by the Court which granted the succession certificate to him.

(2.) The arbibritration proceedings have apparently not yet terminated. The opponents have instituted a special civil suit in the Court of the Civil Judge, Senior Division. Ahmednagar, claiming Rs. 25,992 from the applicant in respect of opponent No. 1's half share in the amounts lying with the banks and in respect of opponent No. 1's half share in the immoveable property. In that suit he also made an application for the issue of an injunction restraining the applicant from withdrawing the money lying with the banks. That application was rejected. Against the order rejecting the application, the opponents preferred Appeal from Order No. 234 of 1957 before this Court. It went up for hearing before Tendolkar J. on 16-12-1957. It would appear that the dispute between the parties was settled before him. In the course of his order concerning this settlement Tendolkar J. observed as follows:

(3.) Before dealing with the aforesaid contention, it would be convenient to mention that after the order of Tendolkar J. was passed the opponents made an application to the Court of the Civil Judge for the issue of a direction to the applicant requiring him to deposit opponent No. 1's half share in the amount withdrawn by him from the banks. This application was opposed by the applicant, but was allowed by the learned Judge. Against the order of the learned Judge allowing the application the applicant has come up inrevision and that is Civil Revision Application No. 1378 of 1958.