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Bombay High CourtCA/14908/2018disposed offdismissed for default

State Bank Of Hyderabad Thr. Its Branch Manager, Latur And ANR v. Vishwambhar Baburao Bande

2018-12-12Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.14908 OF 2018 IN FA/1127/2013 STATE BANK OF HYDERABAD THR. ITS BRANCH MANAGER, LATUR AND ANOTHER

VERSUS

VISHWAMBHAR BABURAO BANDE ...

Advocate for Applicants : Mr. R. C. Patil Advocate for Respondent : Mr.

...

CORAM : SUNIL K. KOTWAL, J.

DATE : DECEMBER 12, 2018 PER COURT 1.

Against the judgment and decree passed by the learned Civil Judge, Senior Division, Latur in Special Civil Suit No. 4 of 2010, the applicant preferred appeal before this Court i.e. First Appeal No. 1127 of 2013. In that appeal, the applicant has deposited Rs.13,18,082/- in this Court in accordance with the direction of the Court. Thereafter, First Appeal No. 1127 of 2013 was transferred to District Court, Latur and it was renumbered as Regular Civil Appeal No. 159 of 2015. That appeal was allowed on 16.08.2017 and the decree passed by the Trial Court was set aside. Therefore, I do not find any legal impediment to allow the applicant to withdraw the deposited amount in this Court.

933 ca14908-18 withdrawal Therefore, permission is granted to the applicants to withdraw the deposited amount of Rs.13,18,082/- with accrued interest thereon. 2.

Registrar (Judicial) to act accordingly.

3.

Civil Application is dispose of accordingly.

[SUNIL K. KOTWAL, J.] vsm/-