1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.995 Of 2010 In Second Appeal No.26 Of 2008 Pyaribee w/o Mahaboob Saheb ... Applicant. Versus Noorpasha s/o Yakub Pathan ... Respondent. -------- Shri. S.V. Chandole, Advocate holding for Shri. V.G. Sakolkar, for the applicant. Smt. S.G. Chincholkar, Advocate for respondent. -------- CORAM: R.M. BORDE, J. DATE: 5th FEBRUARY 2010 PER COURT : 1) This is an application seeking withdrawal of the amount of Rs.50,000/- deposited by the respondent in pursuance of the order passed by this Court on 23rd January 2008. It is pointed out that the Courts below 2 have passed decree of specific performance of agreement in favour of the applicant and the same has been stayed by this Court on condition of deposit of the amount. It is also further pointed out that the property in dispute is in possession of the respondent / defendant. The litigation is initiated in the trial Court in the year 1991 and the applicant / plaintiff is deprived of the fruits of the decree since then. It is also pointed out that age of the applicant is about 82 years. 2) The learned counsel appearing for the respondent has vehemently opposed the application contending that the applicant is not entitled to withdraw the amount as the appeal has been admitted on question of law framed by this Court recorded in the order dated 23rd January 2008. It is also pointed that in the event of success in appeal it 3 would be difficult to recover the amount. 3) Considering these objections and in order to secure the interests of the respondent, conditions need to be attached while directing withdrawal of the amount. In this view of the matter the application tendered by the applicant stands allowed. The applicant is permitted to withdraw the amount of Rs.50,000/- (Rupees fifty thousand only) on furnishing solvent security for the like amount. The civil application stands disposed of. (R.M. BORDE, J.) rsl/ ca.995.10