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Bombay High CourtCA/13107/2024admittedallowedgrantedrule absolute

Ashabai Balasaheb Shelke And ANR v. Sanjay Achut Ghorpade And ORS

2025-11-18Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:31762 933-ca-13107-2024 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13107 OF 2024 IN FA/4473/2023 Ashabai Balasaheb Shelke And Anr

VERSUS

Sanjay Achut Ghorpade And Ors ...

Mr. Shaikh Sohail Yusuf, Advocate for Applicants Ms. Avantika Kharade h/f Mr. R. R. Karpe, Advocate for Respondent no.1 Mr. M. M. Ambhore, Advocate for Respondent no.2 ...

WITH CIVIL APPLICATION NO. 13850 OF 2023 IN FA/4473/2023

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 18th NOVEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 13107 OF 2024 1.

This is an application seeking withdrawal of amount deposited in this Court as per the impugned judgment and award of the Trial Court.

2.

Perused the application. Heard learned Advocates for both the sides.

3.

Considering the reasons stated in the application, application deserves to be partly allowed. Hence, following order:

933-ca-13107-2024 -2ORDER a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw 50 percent amount out of deposited amount on furnishing usual undertaking and 25 percent amount out of deposited amount alongwith interest accrued thereon on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

c.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 13850 OF 2023 FIRST APPEAL NO.4473 OF 2023 1.

Learned Advocate for the appellant pointed out an order of this Court dated 21.06.2024, and seeks time to correct the mistake. 2.

Leave to amend. Amendment be carried out within one week from today.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025