IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLICATION NO.3169/2008 IN FIRST APPEAL NO.251/2004 Gram Panchayat Zadashi ..vs.. Sunil Chalakh & ors. =================================== CORAM: S.R. DONGAONKAR, J. DATE:9.7.2008 Heard Mr. Naik, Advocate for the appellant and Mr. Modak, Advocate for respondent no.1. The respondent no.1 had filed a suit for permanent injunction and damages against the respondents and Gram Panchayat / appellant. The suit was dismissed, however, in appeal he succeeded partly. In pursuance of the order of the appellate court, the appellant/ Gram Panchayat has deposited the amount. The respondent no.1 / original plaintiff is seeking to withdraw that amount. Considering the totality of the circumstances and the fact that it was the claim of the respondent no.1 / plaintiff that his cattle shed was demolished illegally, in my opinion, he would be entitled to the part of the amount during the pendency of this appeal. In these circumstances, the applicant - respondent no.1 / original plaintiff is allowed to withdraw the amount of Rs.20,000/- on his furnishing solvent surety to the satisfaction of the Registrar, High Court, Nagpur. The remaining amount shall be invested in any nationalized bank to fetch maximum interest during the pendency of this appeal. This order shall be subject to final decision in the appeal. Application stands disposed of. JUDGE smp.