Prabhakar S/O Shriram Alaspure v. Manik S/O Kisan Alaspure Thr. Lrs. Smt. Subhadra Wd/O Manikrao Alaspure And Others

5 cas 449-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 449/2023 IN SECOND APPEAL NO. 80/2020 Prabhakar S/o Shriram Alaspure Vs.

Manik S/o Kisan Alaspure through L.Rs. Smt. Subhadra Wd/o Manikrao Alaspure and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri O.R. Deshpande Advocate for appellant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 05/04/2023 Present application is filed for return of original bank guarantee. The appellant filed Second Appeal No. 80/2020. The said appeal dismissed on 20/09/2022. However, during the pendancy of appeal, this Court granted stay to the execution proceeding pending before the Civil Judge Senior Division, Amravati, subject to furnishing bank guarantee to the tune of Rs.6,20,700/-. Accordingly, appellant furnished the bank guarantee of aforesaid amount. As second appeal stands dismissed on 20/09/2022, and respondents have already proceeded with the execution proceedings, the appellant is required to furnish bank Jayashree..

5 cas 449-2023.odt guarantee in the Executing Court. As such, I do not see any impediment in granting relief as prayed.

2.

Registry is hereby directed to return the bank guarantee of amount of Rs.6,20,700/- executed by State Bank of India, Branch at Amravati, within one week (SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..