1 CA9664.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A. NO. 9664/2011 IN FIRST APPEAL NO. 241/2010 Marwadi Educaion Society, Latur Vs. The Municipal Council, Latur through its Chief Officer, Latur. Smt. Anjali Dube (Bajpai), Advocate for applicants. Smt V.A. Shinde, A.G.P. for the respondent/State. Smt. A.N. Ansari h/f Mr. V.D. Hon, Advocate for respondent No.1. CORAM : SMT. MRIDULA BHATKAR, J. DATED : 19th Sept., 2011. PER COURT: 1. Heard. 2. The applicant prays that the applicant be permitted to withdraw the amount of Rs.1,00,000/- deposited by non applicant no.1 in this Court in pursuant to the order dated 19/11/2010. Learned counsel for the applicants submits that the decreetal amount along with interest approximately comes to Rs.21,00,000/-. Out of that, the non applicant / appellant has deposited Rs.11,00,000/-. She submits that she has moved separate application No. 9665/2011 for withdrawal of Rs.1,00,000/- which is now allowed. She further submits that amount of Rs.10,00,000/- is in fact 50% of the decreetal amount i.e. Rs. 21,00,000/- and the appellant / non applicant has failed to deposit the entire decreetal amount as per order of this Court dated 19/11/2010. Hence, the entire amount which is deposited by the non applicant, is in fact 50% of the decreetal amount which is to be allowed to be withdrawn. 3. Learned counsel for the non applicants opposes the application 2 CA9664.11 on the ground that non applicants / appellants have objected the ownership of the applicant as the owner of the land acquired in the proceeding. Moreover, he submits that the exact figure of the decreetal amount according to non applicants is Rs.11,00,000/- and the amount of Rs.21,00,000/- is challenged. 4. At this stage, this Court does not want to go into the issue of exact decreetal amount. However, by order dated 19/11/2010 passed by this Court in C.A. No. 13074/2010, C.A. was allowed in terms of prayer clause ‘B’. Perused prayer clause ‘B’ of C.A. No. 13074/2010. It is to be noted that in the said prayer clause, exact figure of the decreetal amount is not mentioned. 5. Considering this, the applicant is allowed to withdraw 50% of the amount of Rs.10,00,000/- which is deposited by the non applicant, on production of solvent surety. The application disposed of. [SMT. MRIDULA BHATKAR, J.] ts k/2011/Sept.19/ca9664.11