1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2009 IN FIRST APPEAL NO.300 OF 2005 Smt.Shalan Kaka Salunkhe & Others ..Applicants versus Smt. Sugrabi Shaikh ..Respondent Mr.Vaibhav Gaikwad i/b. A.M.Kulkarni for the applicant Mr.Ashok Tajane i/b.Dyaneshwar Deshmukh for the respondent CORAM : R.Y.GANOO, J. DATE : 13th JULY, 2009. P.C: 1. The amount of Rs.1000/- is deposited pursuant to the Court s Order dated 27.6.2005. This application is filed for withdrawal of the said amount on the ground that the respondent appellant continues to occupy the suit premises. Since the amount was ordered to be deposited by this Court without any further control over it, it can be permitted to be withdrawn. Ofcourse this 2 withdrawal shall be subject to the result of this appeal and if the appellant succeeds, the appellant would be able to recover the amount which would be withdrawn by the respondent in the appeal. Hence the order. ORDER i. Civil Application is made absolute in terms of prayer clause (a). ii. There shall be no order as to costs. Iii. If the amount is already invested, office to redeem the fixed deposit receipt and pay to the applicant principal amount and the interest accrued thereon. iv. Withdrawal be subject to the order passed in the appeal. (R.Y.Ganoo, J.)