1 caf-1327.11 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1327 OF 2011 IN FIRST APPEAL NO.1879 OF 2008 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri G.M. Savagave for the Applicant. Shri S.M. Mirajkar for the Respondents. -- CORAM : A.S.OKA, J. DATE : 11TH OCTOBER, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondents. The Applicant is the Defendant who has suffered a decree for specific performance and possession. During the pendency of the suit, the Court Commissioner was appointed to sell sugar cane grown on the suit property . The sale proceeds were deposited by the Court Commissioner in the Trial Court. 2. As per the impugned judgment and decree, the Applicant is found to be in possession of the suit land and 2 caf-1327.11 in fact a decree for possession has been passed against the Applicant. Therefore, permission deserves to be granted to the Applicant to withdraw the amount deposited by the Court Commissioner. However, the Applicant will have to furnish security. The Application is allowed in terms of prayer clause (b) subject to condition that before withdrawing the amount, the Applicant shall furnish security for the amount to the satisfaction of the Trial Court. Withdrawal of the amount will be subject to the final outcome of the Appeal. (A.S.OKA, J)