1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 397/2010 (Sahakari Kharedi Vikri Samitee Maryadit & another VERSUS Arunatai wd/o Lakhan Borele & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Bhuibhar, counsel for the appellant. Shri Amol Mardikar, counsel for the R-1 to 4. CORAM : SMT. VASANTI A. NAIK, J. DATE : JUNE 29, 2010 . At the time of admission of the appeal, learned counsel Shri Mardikar had not waived notice on behalf of the respondents. Learned Counsel Shri Mardikar waives notice on behalf of the respondents. C.A.F. NO. 1420/2010. Heard. The learned counsel for the non-applicant- appellants opposes the prayer made in the civil application. However, for the reasons stated in the civil application, the applicants are permitted to withdraw an amount of Rs.6,37,560/- deposited by them in the trial Court towards the remaining consideration. The withdrawal of the amount of Rs.6,37,560/- by the applicants would, however, 2 not mean that the applicants are not ready and willing to perform their part of the contract as the permission to withdraw this amount is granted with a view to see that the amount of the applicants is not locked up or remains unused. The withdrawal of the amount would not prejudice the case of the applicants as regards the issue of readiness and willingness to perform their part of the contract as it is because this Court has granted stay in the first appeal that the applicants are not able to execute the sale-deed in their favour. The civil application is allowed and disposed of. JUDGE APTE