Suresh S/O Ganpatrao Chinchmalatpure v. Ramsanjiwan Rambharose Sahu And Another

SA501-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.S. NO.1128/2018 IN SECOND APPEAL NO. 501/2017 (SURESH GANPATRAO CHINCHMALATPURE VERSUS RAMSANJIWAN RAMBHAROSE SAHU) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V. Bhide, counsel for the appellant.

Shri P.M. Pande, counsel for the respondent.

CORAM : A.S. CHANDURKAR, J.

DATE : SEPTEMBER 11 , 2018.

By this application, it is prayed that the order dated 21.08.2018 passed on C.A.S. No.964 of 2017 to the extent it directs the defendant no.1-present appellant to deposit an amount of Rs.70,000/- be modified and waived.

In the application, it is stated that pursuant to the decree passed by the trial Court, amount of Rs.2,38,000/- has been deposited and hence it would not be necessary for the appellant to further deposit amount of Rs.70,000/-.

According to the learned counsel for the respondent no.1, the decretal amount carries interest and hence no modification is called for.

Considering the fact that amount of Rs.2,38,000/- has already been deposited by present appellant before the trial Court, the direction issued to the defendant no.1 to deposit the amount of Rs.70,000/- in this Court is waived by modifying the said order. Civil application is allowed and disposed of. JUDGE APTE Rohit Dattatraya Apte Rohit Dattatraya Apte Date: 2018.09.12 11:40:30 +0530