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1958 Supreme(Bom) 180

J.R.MUDHOLKAR
Surendra Shankar Walkar – Appellant
Versus
Laxman Shankar Waikar – Respondent


JUDGMENT - 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, S

















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