1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1149 OF 2009 IN WRIT PETITION NO.9470 OF 2005 WITH CIVIL APPLICATION NO.1031 OF 2009 IN WRIT PETITION NO. 9469 OF 2005 Rasilaben Hemantkumar Patel .... Applicant Vs. Jayesh Kumar Majithia & Ors. .... Respondents Mr.Rahul S.Kolnoorkar for the Applicant. Mr.S.D.Rayrikar, A.G.P. For 3rd Respondent in Civil Application No.1149 of 2009. CORAM : A.S. OKA, J. DATE : 16 th OCTOBER, 2009 P.C. : On 9th October, 2009 when these Civil Applications appeared before this Court, the learned counsel for the applicant was present, however, none appeared for the Respondents. 2 Today when the Civil Applications are called out, counsel for the applicant is present. He states that notice of this Civil Application has been served to the 1st Respondent who is the Petitioner in the Writ Petition. He states that an affidavit of service will be filed within three weeks from today. The statement is accepted. 2. The Writ Petition filed by the 1st Respondent in this Civil Application for challenging an order of eviction passed by the Competent Authority has been dismissed on merits. A Special Leave Petition was filed by the 1st Respondent herein. The said Special Leave Petition has been dismissed on 26th November, 2007. It is pointed out that in terms of an interim order passed by this Court in Writ Petition, a sum of Rs. 3,50,000/- has been deposited by the 1st Respondent herein. 3. Considering the fact that the order passed by the Competent Authority has attained finality,the prayer made in this application for permitting withdrawal of the said amount will 3 have to be allowed. 4. Accordingly, the Civil Application Nos.1149 of 2009 and 1031 of 2009 are allowed in terms of prayer clause (a). [A.S. OKA, J.]