1 CA No.10175 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.10175 of 2011 In First Appeal Stamp No.7742 of 2010 Manchakrao Baliram Done .. Applicant. Versus The Chief Engineer (Construction) Central Railway And Others. .. Respondents. -------- Shri. V.D. Gunale, Advocate, holding for Shri. Balasaheb K. Pawar, Advocate, for petitioner. Shri. Manish N. Navandar, Advocate, for respondent No.1. Shri. K.G. Patil, Assistant Government Pleader, for respondent Nos.2 and 3. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 16 SEPTEMBER 2011 PER COURT : 1) Heard. 2) The Award in question is passed in a group matters i.e. Land Acquisition Reference Nos.132 of 2007, 2 CA No.10175 of 2011 275 of 2004 and 1115 of 1999. The judgment and award was passed by 3rd Joint Civil Judge, Senior Division, Latur on 14-4-2009. We have perused the proceedings of the connected appeal bearing First Appeal Stamp No.7813 of 2010 and the order passed therein for the purposes of consideration of the present civil application. It was submitted that the entire amount deposited in the connected appeal by the appellant – Central Railway was allowed to be withdrawn in favour of the applicant therein. 3) Considering the facts of the case and the reasoning adopted in the judgment we find it appropriate to allow the applicant to withdraw the amount deposited in the trial Court. 4) The applicant is allowed to withdraw the amount deposited in the trial Court on furnishing solvent security to the satisfaction of the executing Court. The applicant shall file an undertaking before the Registry of this Court that he would refund the amount in case the appeal is allowed finally. 3 CA No.10175 of 2011 5) The civil application is allowed in the above terms. First Appeal Stamp No.7742 of 2010 to be heard along with First Appeal Stamp No.7813 of 2010 and other connected appeals. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl