1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.9482 OF 2010 IN S.A.NO.258 OF 2006. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 23.11.2010. 1. This is an application for withdrawal of the interest amount. The suit filed by the present applicants came to be decreed by both the Courts below. The present Second Appeal has been admitted. At the time of hearing the stay application, this Court has passed an order directing the appellant to deposit the amount. Thereafter, on an application for withdrawal, this Court permitted the applicant No.1 to withdraw an amount of Rs.25,000/- (Rupees twenty five thousand) and remaining amount was kept in Fixed Deposit and liberty was given to the applicant No.1 to apply for recovery of interest after a period of six months. So also, the hearing of the appeal was expedited. 2. It is not disputed that the present non- applicant No.1 had already parted with the entire amount of the policy with the non-applicant No.2 who was the mother of the insured. The present applicants are also the legal heirs of insured. This Court while passing the order on Civil Application No.6722/2006 had allowed the execution to proceed against present non- applicant No.2. In light of the same, I do not feel it appropriate to grant the present application at this stage and instead fix the Second Appeal for final hearing. 3. The appellant/present non-applicant No.1 shall submit the paper book within a period of six (6) weeks from today. 4. Print dispensed with. 5. Place the Second Appeal for final hearing in the week commencing from 10.1.2011. If for any reason, the appeal can not be heard expeditiously then liberty to the applicants to renew their prayer. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.23.11.2010. asp/office/Ca9482.10