=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.38 OF 2009 APPLICATION NO.38 OF 2009 APPLICATION NO.38 OF 2009 IN IN IN CIVIL CIVIL CIVIL APPLICATION NO.49 OF 2009 APPLICATION NO.49 OF 2009 APPLICATION NO.49 OF 2009 IN IN IN LETTERS LETTERS LETTERS PATENT PATENT PATENT APPEAL NO.18 OF 2006 APPEAL NO.18 OF 2006 APPEAL NO.18 OF 2006 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.3965 OF 2005 NO.3965 OF 2005 NO.3965 OF 2005 Bara Imam Masjid Trust ...Appellants v/s Haji Abdulrajjak Yasin Patel aand ors. ...Respondents Mr S.M. Gorwadkar for Appellants. Mr Cyrus Ardeshir with Ms Nina Kapadia i/b M/s Pandya Gandhi and Co. for Respondent No.44. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 7TH MAY 2009 7TH MAY 2009 7TH MAY 2009 =2= P.C. :- 1. By consent of the parties, it is directed that the amount of Rs.3.20 crores which has been deposited in this Court, pursuant to the order dated 13th February 2009 be permitted to be withdrawn by the respondent No.44 - Rakhi Properties and Leasing Pvt.Ltd. to this civil application, after verifying that the affidavit of Shri Rajendra M. Munot has been filed as per the said order. Put up the civil application before appropriate Court for further orders. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)