1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 56. CA/9833/2009 In SA/953/2006 WITH CA/1490/2007 In SA/953/2006 WITH CA/12487/2008 In SA/953/2006 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.K.Ashtekar, Adv., for the applicant. Mr. V.D.Hon, Adv., for R Nos. 1 to 3. ... CORAM: K.U.CHANDIWAL, J. DATE:1-2-2010 P.C.:- 1. Heard. Application for withdrawal is made by respondent (original plaintiff) to the extent of Rs.10,000/- deposited by the appellant, pursuant to directions of this Court. 2. Mr. V.D.Hon, Counsel, has objected for release of the amount on the ground that this application is made by only Laxman Goroba Mane and other five plaintiffs are not before the 2 Court. To this, Mr.Ashtekar, Counsel, informs that the other five plaintiffs ( respondents in the appeal) have no objection for releasing the amount and undertaking to this effect will be furnished on behalf of other five plaintiffs. 3. In the light of the above statement, I do not see any other impediment in the matter in allowing the application of Laxman Goroba Mane for release of Rs. 10,000/-. 4. The amount of Rs.10,000/- deposited by the appellant be paid over to Laxman s/o Goroba Mane (applicant) and before withdrawal, he will furnish undertaking of other five plaintiffs ( in RCS No. 334/1994 on the file of Joint Civil Judge, Junior Division, at Osmanabad). Application allowed with above rider. The Respondent ( to the extent of original plaintiffs) shall furnish an undertaking to reimburse the amount if the 3 appellant Jyoti in the Second Appeal succeeds. (K.U.CHANDIWAL) JUDGE agp/9833-09ca