(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 3322 of 2010 (In Second Appeal No. 1515 of 2005) Shri Ambadas s/o. Mahadeo Pimparkar. .. Applicant (Original plaintiff) versus Shri Kisan s/o. Parvati Bhapkar .. Respondent (Original defendant) ....................... Mr. B.N. Palve, Advocate, for the applicant (Absent). Mr. B.S. Shinde, Advocate, holding for Mr. V.P. Latange, Advocate, for the respondent. ........................ CORAM : K.U. CHANDIWAL, J. DATE : 17TH MARCH 2010 (2) COURT'S ORDER : 1. The learned Counsel for the applicant / original plaintiff absent. 2. The application is made for withdrawal of amount of Rs. 25,000/- with interest thereon, deposited by original defendant Kisan s/o. Parvati Bhapkar. 3. The decree of Civil Judge (Senior Division), Ahmednagar, dated 26-8-1999, in Special Civil Suit No. 439/1998, was challenged before the learned District Judge, Ahmednagar, in Regular Civil Appeal No. 61/2000, who dismissed the appeal. However, there is modification of the interest. 4. Considering the controversy, though the Second Appeal is admitted and there operates stay to the execution of the decree, the amount of Rs. 25,000/-, deposited in this court, need not be kept idle from being utilized by the original plaintiff. 5. Hence, the amount of Rs. 25,000/-, deposited in this court, is allowed to be withdrawn by the plaintiff on an undertaking to reimburse the same if the plaintiff fails in the (3) Second Appeal. 6. The Civil Application is accordingly allowed. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/ca3322