Allanur Ajmoddin Deshmukh And ANR v. Mastan @ Ishwar Sopanrao Pasre And ORS

953-955-CA-11657-2018 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.11657 OF 2018 IN FA/2702/2018 ALLANUR AJMODDIN DESHMUKH AND ANR

VERSUS

MASTAN @ ISHWAR SOPANRAO PASRE AND ORS ...

Advocate for Applicants : Mr. Patel K. Fayaz Advocate for Respondent No.3 : Mr. S. G.

Chapalgaonkar WITH 955 CIVIL APPLICATION NO.11796 OF 2018 IN FA/1814/2018 SHAFI @ SHAFIK S/O SHANUR SHAIKH

VERSUS

SALIM SALAMAT PATHAN AND ANR ...

Advocate for Applicant : Mr. Patel Fayaz K.

Advocate for Respondent No.2 : Mr. S.G.

Chapalgaonkar ...

CORAM : P.R. BORA, J.

DATED : 09th JANUARY, 2019.

PER COURT:- .

After having heard the learned counsel appearing for the parties and after having perused the impugned judgment and the grounds of objections raised in exception to the said judgment, I deem it appropriate to pass the following order:

ORDER

i) Both the applications are partly allowed.

ii) The applicants in both the applications

953-955-CA-11657-2018 .odt (2) are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of the Registrar of this Court.

iii) Balance amount be invested in Fixed Deposit Receipt in any nationalized bank for the period till disposal of the appeal.

iv) Both civil applications stand disposed of.

v) Call record and proceedings in First Appeal No.2702 of 2018. List the appeals on 06.02.2019.

(P.R. BORA, J.) Mujaheed//