Rajendra Kumar B. Vyas v. Bharat Nana Joshi @ Vithoba Soma Chinderkar

510.2.25 caa.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2 OF 2025 IN APPEAL FROM ORDER NO. 889 OF 2012 Rajendra Kumar B. Vyas .....Applicant

IN THE MATTER BETWEEN

Bharat Nana Joshi ....Appellant Vs.

Rajendra Kumar B. Vyas .....Respondent Ms. Bhakti Patil i/b Mr. Prabhu Velar for the applicant Mr. Abhishek Deshmukh a/w Ms. Bhakti Wast i/b Mr. Sanjiv Sawant for the respondent IRESH MASHAL Digitally signed by IRESH MASHAL Date:

2025.06.27 13:29:25 +0530 CORAM : GAURI GODSE, J.

DATE :

26th JUNE 2025 ORDER:

1.

Not on board. Taken on production board.

2.

This application is filed by the original defendant-respondent in Appeal From Order for liberty to withdraw the amount deposited in this Court during the pendency of the appeal. Learned counsel for the applicant submits that the appeal was disposed of as 1/2

510.2.25 caa.docx infructuous as the suit was decreed during the pendency of the appeal. She submits that while decreeing the suit, learned City Civil Court has permitted the defendant/applicant to withdraw the amount deposited in this Court. The amount was deposited in this Court by the plaintiff pursuant to order dated 3rd September 2012 and the amount was permitted to be invested. In view of the directions issued at the time of decreeing the suit, the defendant has filed this application for permission to withdraw the amount. The directions issued by the City Civil Court while decreeing the suit is not under challenge. Hence, I see no reason to refuse the prayers in the application.

3.

In view of the aforesaid, application is allowed and the applicant i.e.

Rajendra Kumar B. Vyas (Original defendant/respondent in the Appeal From Order) is permitted to withdraw the amount of Rs. 2 Lakhs with accrued interest. 4.

Application is allowed in aforesaid terms.

[GAURI GODSE, J.] 2/2