Executive Engineer, Khadakpurna ... vs Subabai Vitthal Misal (Dead), ...
2017 Latest Caselaw 8479 Bom

06.11CA882.17 in FA 1071.2017                                                                                           1/1

                         FARAD CONTINUATION SHEET
                IN THE HIGH COURT OF  JUDICATURE  AT BOMBAY
                          NAGPUR BENCH  : NAGPUR.
                          C.A. 882/17 IN F.A. NO.1071 OF 2017.
        Executive Engineer, Khadakpurna Project Division, Dist. Buldhana.
                                            ...vs...
      Subabai Vitthal Misal since dead through her LRs. Rajaram Vitthal Misal
________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders    Court's or Judge's orders
or directions and Registrar's orders.
                               Mr. J.B.Kasat, Adv. for the appellant.
                               Mr. B.N.Palve for respondent No.1. 
                                   
                                              CORAM :     P.N. DESHMUKH, J.

DATE : 6th NOVEMBER, 2017.

This application is filed by respondent No.1 for grant of permission to withdraw the decretal amount deposited by appellant with Executing Court at Buldhana to the extent of Rs. 2,19,860/-.

For the reasons mentioned in the application, same is liable to be allowed. Thus, applicant is permitted to withdraw 50% of the total amount deposited by appellant, on furnishing usual undertaking with Registry of this Court. Remaining amount shall be allowed to withdraw by respondent No.1 on furnishing solvent surety to the satisfaction of Executing Court.

Needless to say that subject to outcome of the decision of the present appeal, respondent No.1 shall return amount, if any, ordered by this Court C.A. is disposed of.

JUDGE Parpalliwar