JEETESH AGARWAL Vs. SAVITRI HIRALAL AND ANOTHER

JUDGEMENT

(1.) This Court was informed on 06.10.2020 by Mr. Rusheek Reddy, the learned counsel for the first respondent, that the affidavit of his client undertaking to pay 10% of money withdrawn from the bank, to the appellant, was filed. The affidavit is taken on record. The contents of the affidavit show that the first respondent - petitioner in the Writ Petition, undertakes to pay 10% of the withdrawn amounts lying in the second respondent bank to the appellant, subject to the appellant withdrawing the instant appeal.

(2.) Mr. Vijay B. Paropkari, the learned counsel for the appellant, states that his client is willing to withdraw the Writ Appeal. However, he seeks liberty to the appellant to pursue his remedies before the Civil Court to stake the claim in respect of his interest as Class I legal heir over the estate of his deceased father in addition to the 10% of the amount in the bank offered by the first respondent.

(3.) In the circumstances, the Writ Appeal is dismissed as withdrawn granting liberty to the appellant to pursue his appropriate remedies before the Civil Court or any other Forum for staking the claim in respect of the estate of his father including the amounts/FDs deposited in the second respondent bank and over and above 10% of the money withdrawn from the bank.