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Bombay High CourtCAS/1142/2018admittedallwdgrantedrule absolute

Nagar Parishad, Gadchiroli Through Its Chief Exe. Officer And 2 Others v. Ikram Sulemankhan Pathan

2018-09-19Hon'Ble Shri Justice A.S. Chandurkar1 pages

SA21-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 21/2018 (NAGAR PARISHAD GADCHIROLI & OTHERS VERSUS IKRAM SULEMANKHAN PATHAN) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.N. Morande, counsel for appellants.

Shri M.P. Khajanchi, counsel for respondent.

CORAM : A.S. CHANDURKAR, J.

DATE : SEPTEMBER 19 , 2018.

C.A.S. NO. 1142/2018.

By this application, it is prayed that the nonapplicant/plaintiff be permitted to withdraw the amount of Rs.4,50,616/- that has been deposited by the original appellants as a condition for staying the execution of the decree as passed. Heard learned counsel for the applicants as well as learned counsel for the original appellants. Considering the nature of decree as passed, the applicant is permitted to withdraw amount of Rs.3,25,475/-. The balance amount lying in deposit shall be permitted to be withdrawn on furnishing solvent surety to the satisfaction of the Registrar (Judicial).

Civil application is allowed and disposed of. JUDGE APTE