Pushpa Rameshwar Dhoot vs Manisha Sanjeev Dhorikar
2026 Latest Caselaw 187 Bom

Bombay High Court

Pushpa Rameshwar Dhoot vs Manisha Sanjeev Dhorikar on 8 January, 2026

2026:BHC-AUG:708


                                                                       907-CA-7508-2025.odt




                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                              907 CIVIL APPLICATION NO. 7508 OF 2025
                                           IN FA/648/2004

                                      PUSHPA RAMESHWAR DHOOT
                                                  VERSUS
                                      MANISHA SANJEEV DHORIKAR
                                                    ....
                   Mr. Nikhil Sonawane h/f Mr. L. D. Vakil, Advocate for Applicant
                   Mr. R. P. Totla h/f Mr. Yogesh Somani, Advocate for Respondent
                                                    ....

                                      CORAM : Y. G. KHOBRAGADE, J.

DATE : January 08, 2026 PER COURT :-

1. Heard learned counsel for the applicant and the

learned counsel for the non-applicant, at length.

2. By the present application, the applicant / original

plaintiff, prayed for permission to withdraw an amount of

Rs.1,50,000/- deposited by the non-applicant in this Court on

07.04.2025 in First Appeal No.648 of 2004.

3. It appears that the present applicant / plaintiff had

filed Special Civil Suit No. 226 of 2000, seeking decree of specific

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performance of contract dated 14.01.1998. After conducting the trial,

the learned trial Court partly decreed the suit and directed the

defendant / present non-applicant to refund earnest amount of

Rs.2,00,000/- with interest at the rate of 12% p.a.

4. Being aggrieved by the said judgment and decree, the

non-applicant had filed First Appeal No.648 of 2004 before this Court

and in pursuance of the order dated 31.03.2005 in Civil Application

No.3638 of 2005, passed by this Court, the non-applicant / original

defendant deposited an amount of Rs.1,50,000/- in this Court on

07.04.2025. The said First Appeal came to be transferred to the

District Court due to increase of pecuniary jurisdiction and

renumbered as R.C.A. No.152 of 2012.

5. It is further canvassed that during pendency of the said

Regular Civil Appeal, the non-applicant/defendant deposited

remaining balance decretal amount of Rs.2,49,500/- on 02.04.2019

under the demand draft of Saraswat Cooperative Bank. On

03.09.2019, the learned District Judge, Aurangabad passed the

judgment and decree and dismissed the said appeal of the non-

applicant / defendant.

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                                      (( 3 ))            907-CA-7508-2025

6. The learned counsel for the applicant canvassed that the

applicant / plaintiff has already withdrawn an amount of

Rs.2,49,500/- with accrued interest from the learned District Court

and only an amount of Rs.1,50,000/- with accrued interest thereon is

remained to be withdrawn.

7. The learned counsel for the non-applicant, on

instructions, submits that he has no objection.

8. In view of above, it will be just and proper to permit the

applicant to withdraw the amount of Rs.1,50,000/- lying with this

Court along with accrued interest.

9. In view of above, the civil application is disposed off.

[ Y. G. KHOBRAGADE, J. ]

SMS

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