1 c.a.16801.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 16801 OF 2010 IN FIRST APPEAL NO. 2303 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.S.S.Manale, Advocate for applicant. Mr.B.R.Survase,Advocate for Resp.No.1. Mr.S.D.Kaldate,AGP for respondent-State. .... CORAM : K. K. TATED, J. DATE : 21st DECEMBER, 2010. PER COURT : . Heard learned counsel for parties. 2. Present civil application is preferred by original claimants for withdrawing sum of Rs.7,184/-(Rupees Seven Thousand Eighty Four) deposited by respondent No.1 Acquiring Body in the Court of Ad-hoc District Judge- 2, Latur, in R.D. No. 147 of 2010. 2 c.a.16801.10 3. Present Appeal is preferred by the respondent No.1 Acquiring Body against the Judgment and Award dated 30th June, 2005 passed by the 2nd Ad-hoc Additional District Judge, Latur in Land Acquisition Reference No.369 of 1995. This Court (CORAM: R.M.BORDE, J.) by order dated 08th January, 2010 directed the respondent NO.1 to deposit entire decreetal amount in trial Court within eight weeks. 4. The learned counsel appearing on behalf of the applicant submits that when the applicant applied for withdrawal of amount in Trial Court, same was rejected. The learned counsel further submits that Reference Court awarded meager amount and that also laying in the Reference Court. He submits that applicant being senior citizen require said amount for day to day expenses. 5. The learned counsel appearing on behalf of the respondent filed their affidavit in reply dated 18th December, 2010. In affidavit in reply, respondent No.1 stated that they have no objection if Court allowed to withdraw the amount with accrued interest on certain conditions and 3 c.a.16801.10 terms. 6. Considering the submissions made by both the counsels and averments made in Civil Application, the same is allowed. The applicant-original Claimant is entitled to withdraw sum of Rs. 7,184/-(Rupees Seven Thousand One Hundred Eighty Four) along with accrued interest, if any, on the following conditions. i) The applicant to furnish undertaking in the form of affidavit that if appeal is allowed, the applicant shall deposit the amount in Reference Court within three months. ii) Affidavit to be filed before the Executing/Reference Court. . The Civil Application is disposed of accordingly. Sd/- [ K. K. TATED, J.] MTK.