1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1282 of 2010 IN SECOND APPEAL NO.247 of 2005 Vithal Ramji Kolhe Applicant Versus Vishwanath s/o Madhukar Domkondwar and others Respondents Mr.M.V.Deshpande, advocate for the applicant. Mrs.M.A.Kulkarni, advocate for Respondent No.1-original appellant.. CORAM: R.M.BORDE, J. DATE : 29 th January, 2010. P.C.: 1 This is an application seeking withdrawal of amount deposited by Respondent No.1-appellant towards mesne profit in pursuance to the order passed by this Court on 22.03.2007. This Court, while granting stay to the execution of decree, has prescribed a condition in respect of deposit of amount of Rs.10,000/- per year towards mesne profit. Admittedly, appellant is in possession of suit property and by virtue of judgment delivered by trial Court, Respondent No.1 in the appeal/applicant in instant application, is held entitled to recover possession of the property. In these circumstances, it would be appropriate to permit the applicant to withdraw the amount deposited by Respondent No.1/appellant in this Court in pursuance to the order passed by this Court on 22.03.2007. 2 2 Application is, therefore, allowed. Applicant / Respondent No. 1 in Second Appeal is permitted to withdraw the amount deposited by appellant / Respondent No.1 in the application on furnishing solvent security for the like amount. (R.M.BORDE) JUDGE ******* adb/ca128210