IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.363 OF 2009 IN WRIT PETITION NO.4527 OF 2006 Shri Harish P.Thakur ...Applicant V/s. Mrs.Girija Narayan ...Respondent ...... Mr.V.V.Pai for Applicant. Ms.Manorama Mohanty with Mr.Patil i/b S.K.Srivastav for Respondent. ...... CORAM: CORAM: CORAM: A.M.KHANWILKAR, J. A.M.KHANWILKAR, J. A.M.KHANWILKAR, J. FEBRUARY FEBRUARY FEBRUARY 27, 2009. 27, 2009. 27, 2009. P.C. 1. Heard Counsel for the parties. 2. This Application is opposed by the Respondent on the argument that the Court below has found as of fact that the Applicant has no right in respect of the suit property, therefore, according to the Respondent, the Applicant cannot be permitted to withdraw the amount deposited in this Court. : 2 : 3. Counsel for the Applicant, on the other hand, submits that the issue as to whether he has right in respect of the suit property as found by the lower Court will be addressed at the hearing of the Writ Petition, which may take considerably long time. Therefore, it will be inequitable to deny relief claimed in the present Application, more so, when no other person has come forward claiming to be the owner of the suit property. 4. In the circumstances and taking overall view of the matter, in my opinion, following arrangement would meet the ends of justice. 5. The Applicant/Petitioner is permitted to withdraw amount already deposited by the Respondent in this Court as of today on condition that the Applicant/Petitioner shall furnish Bank guarantee for commensurate amount and also file affidavit of undertaking stating that he would bring back the entire amount which is withdrawn or such other amount as may be ordered by the Court at the end of hearing of the Writ Petition along with interest at the rate of 12% or any further amount to be ordered : 3 : by this Court within two weeks from issuance of such directions. Only thereafter, the Applicant/Petitioner would be entitled to withdraw the amount already deposited by the Respondent in this Court till date. 6. The future deposits to be made by the Respondent shall remain invested in appropriate fixed deposit until any contrary order is to be passed by this Court during the pendency of the Writ Petition. 7. It is once again made clear that this order is not an expression of opinion either way with regard to the merits of the contentions available to the respective parties and is only an interim arrangement. 8. Application is disposed of on the above terms. A.M.KHANWILKAR, J.