1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR ... CIVIL APPLICATION NO. 965 /2009 IN SECOND APPEAL No. 377 /2007 ( Manikchand Sharma and others vs.Smt..Vimlabai wd/o Shriram Sharma ) ------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr S R Deshpande, Adv.for appellant/ applicant Mr Swapnil Giri Adv. with Rajnish R. Vyas, for Respondent. Coram : A.P.BHANGALE, J. Dated : December 18, 2009 Learned Advocate for appellant no.1 states that it was the appellant no.1 who had deposited the amount of Rs. 1 lakh in the Court, which was then deposited in Bank of Baroda, Sitabuldi Brnach Nagpur. He further submitted that Second Appeal No. 377/2007 has been finally disposed of and appellant no.1 is entitled for refund of the amount which he had deposited in his own name by the crossed payee cheque. 2. Learned Advocate for respondent states that respondent is no more living. Be that as it may, since the amount was deposited by appellant no.1 and the appeal is already disposed of, the Civil Application is allowed as prayed. Cheque in the sum of Rs. 1 lakh 2 with accrued interest, if any, be issued in the name of appellant no.1 by cross-payee cheque, sub. to usual undertaking. JUDGE. sahare