AGK IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1167 OF 2006 APPLICATION NO.1167 OF 2006 APPLICATION NO.1167 OF 2006 IN IN IN SECOND SECOND SECOND APPEAL NO.756 OF 2006 APPEAL NO.756 OF 2006 APPEAL NO.756 OF 2006 Mahadeo Panda Zurale ...Applicant Versus. Uttam Maruti Mahapure & Ors. ...Respondents Shri D.K.Bhalke i/by Shri V.S.Talukte for the Applicant. Shri S.S.Shah for the Respondent Nos.1,3 and 5. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 09th April, 2008. : 09th April, 2008. : 09th April, 2008. P.C.: P.C.: P.C.: 1. Second Appeal has been admitted for final hearing. The applicant has deposited a sum of Rs.35,000/- with the District Court. In view of the deposit of the said amount, considering the nature of the impugned decree, interim relief in terms of prayer clause (a) deserves to be granted. However, original plaintiffs will have to be permitted to withdraw the sum of Rs.35,000/- deposited by the applicant in the District Court subject to the applicant filing an undertaking with the District Court to re-deposit the said amount with appropriate rate of interest in case the applicant succeeds in the appeal. However, it will be necessary for the original plaintiffs to furnish any security. Subject to what is stated above, there will be interim relief in terms of prayer clause (a). (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J)