( 1 ) ca2192.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2192 OF 2011 IN FIRST APPEAL NO. 571 OF 2010 Abhay s/o. Ramrao Lavhare .. Applicant Versus Godawari Marathwada Irrigation Development .. Respondents Corporation and Ors. Mr. S.B. Solanke, Advocate for the applicant. Mr. S.G. Sangle, Advocate for respondent Nos. 1 & 2. CORAM : D.B. BHOSALE & R.M. BORDE,JJ. DATED : 25.02.2011 P.C. :- 1. Heard learned Counsel for the parties. By this Civil Application, the applicant has prayed for allowing him to withdraw 50% of the amount awarded by the Reference Court, which has been deposited by respondent Nos.1 and 2 in the Reference Court. Our attention is invited to the order dated 3rd May, 2010, passed in a group of Civil Applications, where similar prayer was made. The Division Bench allowed those ( 2 ) ca2192.11 applications and in paragraphs 5 and 6 of the order observed thus :- “5. If the 50% amount is still lying with the Executing Court as deposited by the Acquiring Body/State, then the Applicants are at liberty to withdraw the said amount. Out of the total amount deposited with the Executing Court, the Applicants are entitled to withdraw 50% amount without furnishing any surety and remaining 50% amount by furnishing solvent surety to the satisfaction of the Executing Court. 6. We direct the Executing Court that in case the remaining amount is deposited by the Acquiring Body or S.L.A.O., the same shall not be permitted to be withdrawn by any of the claimants arising out of the group of Appeals, subject to further orders passed by this Court.” 2. In the circumstances, we pass following order. a) 50% amount deposited by the Acquiring Body in the Reference Court is allowed to be withdrawn as follows :- . 50% of the amount deposited (i.e. 25% of the total compensation) is allowed to be withdrawn without furnishing any surety and remaining 50% (i.e. 25% of the total compensation) by furnishing solvent surety to the satisfaction of the Executing Court. b) Insofar as remaining 50% of the total ( 3 ) ca2192.11 compensation is concerned, if that is deposited by the Acquiring Body, the same shall not be allowed to be withdrawn by the claimants. 3. With these observations, the Civil Application is disposed of. [R.M. BORDE,J.] [D.B. BHOSALE,J.] snk/2011/FEB11/ca2192.11