IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. 1665/2011 IN FIRST APPEAL NO.7/2011 [M.I.D.C. ..VS..SAGUNABAI UKANDA MASRAM & ORS] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.M. Agnihotri, adv for appellant Shri R.D. Bhuibhar, adv for R-1 CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JULY 19, 2011. By this civil application, the applicant/ claimant seeks withdrawal of the amount deposited by the appellant in this court. Heard the learned counsel for the parties. Perused the judgment and award passed by the reference court on 16.7.2010. It prima facie appears that the reference court has considered the sale transactions which were not of comparable lands and were also executed after the issuance of section 4 notification in this case. Hence, in the facts and circumstances of the case, the applicant is permitted to withdraw 40% of the decretal amount on furnishing surety/security for 20% of the amount to the satisfaction of the Registrar. The applicant is permitted to withdraw 20% of the amount without furnishing security/ surety. Balance amount may be placed in a fixed deposit of a nationalised bank, initially for a period of three years and the same should be renewed thereafter from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE JUDGE SMP