1 CA 13766/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13766 OF 2011 ,In CRA/420/1998 , GANGUBAI BHAGWANDAS PAWATEKAR DIED TH LRS AMBUBAI @ SHUBHANGI SURESH PAWATEKAR VERSUS KISANRAO LIMBAJI KADAM DIED LRS MOHANRAO KISHANRAO KADAM AND ORS ... Advocate for Petitioners : Mr. H V Tungar Advocate for Respondents : Mr.AS Shelke ***** CORAM : K.U.CHANDIWAL, J. DATE : 1st DECEMBER, 2011. PER COURT : 1) Heard learned Counsel for the original decree holder and Mr. Shelke for the respondents in the CA. 2) A chequered history of litigation prevails between the parties. The CRA moved by Kisanrao and others being CRA No. 420/1998, is dismissed on technical grounds. Mr.Shelke has moved an application to re-call the order of dismissal, which is yet to be served upon the decree holder. 3) In the meantime, this application is moved for withdrawal of Rs.40,000/- (Rupees forty thousand) deposited by the revision applicant in CRA no. 420/1998. Mr.Shelke submits, permitting withdrawal of the amount, as sought for, will finally decide fate of the CRA and again earlier identical request 2 CA 13766/2011 was declined by this Court. 4) Since the CRA is yet awaiting its revival, earlier rejection of any application of the decree holder for withdrawal of the amount, would not be an impediment in entertaining the present civil application. 5) Considering the long drawn litigation between the parties and deposit of Rs.20,000/- on 24.9.1998 and thereafter Rs. 20,000/- on 16.10.1998, which has been invested in the bank, with accrued interest, needs to be released in favour of the decree holder. However, it will be on furnishing surety to the satisfaction of the learned Registrar. The Civil Application is allowed in the aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/