FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 71 OF 2008 IN FIRST APPEAL (ST.) NO. 21865 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is taken out for condoning the delay of 229 days in filing the appeal. Heard Shri Sangle, learned counsel for the applicant, learned AGP for respondent Nos. 1 and 2 and Shri. Ghatol, learned counsel for respondent No. 3 and 4. It is not in dispute that against the order passed by the reference Court, first appeals have been preferred in this court and they have been admitted. Considering this fact as also for the reasons set out in the application, in my opinion, the applicant has made out sufficient cause for condoning the delay. Hence, in the interest of justice, civil application is allowed in terms of prayer clause "B" , with no order as to costs. (R.G. KETKAR, J.) Date:12.11.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 70 OF 2008 IN FIRST APPEAL (ST.) NO. 21865 OF 2007 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is taken out for stay of the execution of the judgment and award dated 11.1.2007, passed by the learned Adhoc District Judge-2, Parbhani in L.A.R. No. 151 of 1996. Learned counsel for the applicants states that entire amount has been deposited in this Court. In view of this statement, there shall be stay in terms of prayer clause “B” Civil application stands disposed of. (R.G. KETKAR, J.) Date:12.11.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7992 OF 2008 IN FIRST APPEAL (ST.) NO. 21865 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Respondent Nos. 3 and 4 in the appeal, who are original claimants, have filed this application for withdrawal of the amount deposited by respondent Nos. 1 and 2 herein. Counsel for the applicants invited my attention to the order dated 31.7.2009 passed by this Court (R.M. Borde, J.), wherein the applicants were permitted to withdraw the amount of 75% out of the total amount deposited by the respondent Nos. 1 and 2 herein, being the acquiring body, on furnishing solvent surety to the satisfaction of the Registrar of this Court and the balance 25% was ordered to be invested in fixed deposit. Learned counsel for the applicants submits that the applicants are also similarly situated as those, who are applicants in order dated 31.7.2009. In view of this, applicants are permitted to withdraw 75% of the total amount on furnishing solvent surety to the satisfaction of the Registrar of this Court. The balance amount of 25% shall be invested in fixed deposit in a nationalized Bank, initially for a period of one year, to be renewed from time to time during the pendency of the appeal. Civil application stands disposed of. (R.G. KETKAR, J.) Date:12.11.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 21865 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Not on board, mentioned. By consent, taken up for admission. Heard counsel for the parties. Admit. Counsel for the respondents waive service. Call for record and proceedings. To be heard alongwith companion first appeal No. 3509 of 2008 and other appeals. (R.G. KETKAR, J.) Date:12.11.2009. rlj/