1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.268 OF 2008 (FOR STAY) IN CROSS OBJECTION (STAMP) NO.241 OF 2006 IN FIRST APPEAL NO.2183 OF 2005 Pune Municipal Corporation ....Applicant- Cross Objector (Orig. Respondent) V/s Shri Rohidas Bhagirat Bhati .....Opponent (Orig. Appellant) ----- Mr. R.S. Khadapkar i/b Mr. R.G. Ketkar for the applicant. Mr. A.V. Anturkar i/b Mr. V.V. Shastri for the opponent. ------ CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 28th February, 2008. P.C.: 1. By consent of the parties, Civil Application is disposed of in the following terms:- (i) Irrespective of whatever order that may be passed by the Executing Court in relation to withdrawal of the decretal amount which is deposited by the Pune Municipal Corporation who was the defendant in the 2 suit, the Executing Court shall permit the original plaintiff to withdraw the entire decretal amount on the plaintiff's filing an undertaking before the Executing Court, undertaking to this Court to bring back the amount, if so directed by this Court and on such terms and conditions as may be directed by this Court. (D.K. DESHMUKH, J.) (V.M. KANADE, J.) 3