Dhanu Trimbakrao Swami v. The Secretary, Adhiwashi Mahila Mandal And Others

2025:BHC-AUG:1100 1-CA-9888-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9888 OF 2024 IN WRIT PETITION NO.40 OF 2014 DHANU S/O. TRIMBAKRAO SWAMI

VERSUS

THE SECRETARY, ADHIWASHI MAHILA MANDAL AND OTHERS ...

Advocate for Applicant (Respondent No.1 in W.P.) : Mr. Rahil R. Kazi holding for Mr. P. R. Katneshwarkar, Senior Advocate AGP for Respondent No.3 : Ms. R. R. Tandale Advocate for Petitioners in W.P. : Mr. Ganesh A. Gadhe ...

CORAM : S. G. MEHARE, J.

DATE : 15-01-2025 PER COURT :- 1.

Heard the learned counsel for the applicant.

2.

Since this civil application is tagged with the review application, the applicant / original respondent No.1 in Writ Petition, seeks leave to withdraw 50% amount deposited with this Court in Writ Petition No.40 of 2014. This civil application is in connection with the main petition, hence, entertained. 3.

The learned counsel for respondents No.1 and 2 / original petitioners has no objection. However, he prays to impose condition of undertaking.

4.

Prima facie, the applicant is entitled to withdraw the amount deposited with this Court, with interest, if any. Hence, the order:-

1-CA-9888-24.odt

ORDER

(i) The civil application is allowed.

(ii) The applicant is permitted to withdraw 50% amount deposited with this Court, with interest if any, on undertaking that he would deposit the amount if the impugned judgment and order is reversed by the higher court.

( S. G. MEHARE ) JUDGE rrd