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Bombay High CourtCAF/4309/2014allowed

Mr. Manpreet Narinder Singh Uppal v. Mr. Sudhir Gangadhar Deshpande And ORS.

2015-02-13Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik2 pages

bsb 1 CAF4309.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4309 OF 2014 IN FIRST APPEAL NO. 122 OF 2014 Manpreet Narinder Singh Uppal ... Applicant/Appellant (Ori. Plaintiff) v/s Mr.Sudhir Gangadhar Deshpande & ors.

... Respondents (Ori.Defendants) Mr.Vijay Patil for the applicant.

CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 13TH FEBRUARY 2015 P.C.:

Heard.

The applicant was directed to deposit the balance consideration in the Trial Court as a condition for grant of temporary injunction restraining the respondents/defendants from alienating the suit property or creating third party interest therein. The balance consideration was deposited by the applicant in the Trial Court. The said amount is huge. In this Court, the applicant did not succeed in seeking the temporary injunction and the prayer for grant of temporary injunction was rejected. In this back

bsb 2 CAF4309.14.doc ground, the applicant seeks permission to withdraw the balance consideration deposited by the applicant in the Trial Court. We permit the applicant to withdraw the said amount along with the interest accrued thereon. The withdrawal of the said amount would not prejudice the case of the applicant in the first appeal.

The civil application is allowed in the aforesaid terms and disposed of.

(C. V. BHADANG, J.) (VASANTI A. NAIK, J.)