1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9718 OF 2011 IN FIRST APPEAL NO.499 OF 1999 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.P.K.Deshmukh, learned counsel for the applicant. Mr.S.P.Deshmukh, learned counsel for respondents. CORAM : A.V.POTDAR, J. DATE : 25/11/2011 By this application, the applicant is seeking leave of this Court to withdraw the amount in the sum of Rs.22,500/- with an interest from 17/04/1997 till the payment of the amount and also prays for fixing date of final hearing of the appeal. It appears that the appeal was fixed for final hearing on 23/11/2011, but was not shown on board and it is not informed to this court by any of the parties. Whatever it may be. It is apparent that this is death claim, in which the appeal is waiting for hearing since year 1999. The appellant is the owner of the 2 vehicle and liability is saddled on him. Considering these facts and the pendancy of the appeal, this application is allowed. So far as question of interest is concerned, it will be considered at the time of decision in the appeal. Hence following is the order : 1. Application is partly allowed. 2. Applicant is allowed to withdraw an amount in the sum of Rs.22,500/- on furnishing undertaking before this Court that this withdrawal is subject to the final decision in the appeal. 3. Remaining prayer in respect of interest will be considered at the time of final order in FA No.499/1999. 4. Registry to place this appeal for final hearing on 13/12/2011. (A.V.POTDAR, J.) khs/Nov. 2011/ca9718-11