1 caf1264,3087-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.1264 OF 2010 AND CIVIL APPLICATION NO.3087 OF 2010 IN FIRST APPEAL NO. 545 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. H. G. Wakshe for the appellant. Mr. Nilesh Wable i/b. Mr. Umesh Mankapure for the respondents. ..... CORAM : A. S. OKA, J. DATE : MARCH 15, 2011. P.C.:­ Heard the learned counsel appearing for the parties. Civil Application No.1264 of 2010 is filed by the appellant for stay of the money decree passed in favour of the respondents. Civil Application No. 3087 of 2010 has been filed by the respondents­plaintiffs for withdrawal of the decretal amount. 2 caf1264,3087-10 2. As per the ad­interim order passed by this Court, the entire decretal amount has been deposited in this Court which has been invested. Considering the present pendency of very old Appeals in this Court, the First Appeal of the year 2010 may not be reach for final hearing for two decades. If the plaintiffs are permitted to withdraw the decretal amount by furnishing security, there will no prejudice to the appellant as the amount will be secured. 3. Hence, applications are disposed of by passing following order : :: O R D E R :: i. Civil Application No.1264 of 2010 is allowed in terms of prayer clause (a). ii. Civil Application No.3087 of 2010 is allowed and the original plaintiffs are permitted to withdraw the entire decretal amount with interest accrued thereon, subject to furnishing adequate security for the entire amount to the satisfaction of the Registrar (Judicial­I) of this Court. 3 caf1264,3087-10 iii. The security shall not be accepted without giving an opportunity being heard to the appellant. JUDGE