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Bombay High CourtCA/11654/2023admittedallowedgrantedrule absolute

Afsar S/O Daulu Pathan v. Dnyandev Bhagwan Mhaske And ANR

2024-09-19Hon'Ble Shri Justice Kishore C. Sant1 pages

2024:BHC-AUG:22393 ( 1 ) {ca11654.23}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 CIVIL APPLICATION NO. 11654 OF 2023 IN FA/2268/2023 AFSAR S/O DAULU PATHAN

VERSUS

DNYANDEV BHAGWAN MHASKE AND ANR Mr.R.S. Shinde, Advocate for the applicant.

Mr.A.G. Choudhari, Advocate for respondent No.2.

CORAM

: KISHORE C. SANT, J.

DATE : 19.09.2024 PC :- 01.

Heard learned Advocates for the parties. This application is filed for withdrawal of amount. Considering arguments of both the sides, the following order :- (i) The applicant is permitted to withdraw 50% of the deposited amount along with accrued interest on furnishing usual undertaking.

(ii) Further 25% of the deposited amount along with accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(iii) Remaining 25% of the amount shall be invested in fixed deposit of any nationalized bank to be renewed periodically till disposal of the appeal.

(iv) The civil application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2024/sep24/ca11654.23