1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO. 97/2008 IN WRIT PETITION NO. 1092/2008 Laxman Bakaram Gaidhane, aged 65 years, Occ. Cultivator, R/o. Lakhani, Tah.Sakoli, Distt. Bhandara APPELLANT ...versus... 1. Krushi Utpanna Bazar Samitee, a body corporate, under Agricultural Produce Marketing (Regulation) Act, through It's Secretary, Office at & Post Lakhani, Tah. Sakoli, Distt. Bhandara. 2. Digamber Bakaramji Gaidhane, aged 70 years, R/o. Lakhani, Tah. Sakoli, Distt. Bhandara, 3. Nemichand Bakaram Gaidhane, Aged 69 years, Occ. Agriculturist, R/o. Murmadi (Lakhani), In front of Government Rest House, Samarthanagar, Tah. Lakhani, Distt. Bhandara. 4. Hukumchand Bakaram Gaidhane, aged 55 years, Occ. Business, R/o. Murmadi (Lakhani), Behind Government Rest House, Samarthanagar, Tah. Lakhani, Distt. Bhandra.. RESPONDENTS 2 ====================================== Shri Nitin Vyawahare, Adv. for the Appellant. Shri Anand Parchure, Adv. for Respondent No.1 CORAM : D.K.DESHMUKH & PRASANNA B. VARALE, JJ DATE : 19 th DECEMBER, 2008 P.C. 1. Heard. Admit. Heard finally by consent of the parties. 2. By consent of the parties, the order dated 7th March, 2008, passed by the learned Single Judge in Writ Petition No. 1092/2008 and the order dated 25th February, 2008, passed by the Executing Court below Exh.15, are set aside. 3. The Executing Court is directed to re-hear the matter and pass fresh order below Exh. 15 in accordance with law. The Executing Court shall permit the amount of Rs. 2,50,000/- deposited by the present appellant to be withdrawn by the decree holder. Appeal is disposed of. All contentions available 3 to both the sides are kept open to be raised before the Executing Court. JUDGE JUDGE Rvjalit