IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLIATION NO.1288/2010 IN F.A. ST. 205/09 V.I.D.C. ..VS.. CHANDRAKALA MORE & ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 11/8/2010 Heard Shri Bobde, the learned counsel for the applicant, Shri Kalwaghe, learned counsel for respondent no.1 and Smt. Taiwade, the learned AGP for respondent no.2. Though the learned counsel for the respondent no.1 opposes the prayer made in the civil application, for the reasons stated in the civil application the delay of 120 days in filing the first appeal is condoned. Civil application is allowed and disposed of. JUDGE FIRST APPEAL STAMP NO.20509/2009 Heard Shri bobde, the learned counsel for the appellant. Admit. Call R & P. Shri Kalwaghe, the learned counsel for respondent no.1 waives notice of hearing and Mrs. Taiwade, the learned AGP waives notice of hearing for respondent no.2. JUDGE CIVIL APPCIATION CAF NO.1289/2010 Heard the learned counsel for the applicant. The Learned counsel for the applicant states that 75% of the decretal amount is deposited in the reference court. In the facts and circumstances of the case, the respondent no.1 is permitted to withdraw 70% of the amount which is deposited by the applicant in the reference court. The balance amount may be placed in a fixed deposit in any nationalized bank, initially for a period of 3 years and the same should be renewed thereafter from time to time, during the pendency of the appeal. Civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.