FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No.13330 OF 2010 IN SECOND APPEAL NO. 778 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr S.P. Brahme Advocate for applicant Mr. S.P. Shah, Advocate for respondent Nos. 1 to 5 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 8th October, 2010 PER COURT : 1. This is an application for withdrawal of the amount. This Court while deciding the Civil Application filed by the non applicant had directed the non applicant to deposit Rs. 20,000/- (Rs. Twenty thousand) towards mesne profit and to deposit Rs. 10,000/- (Rs. Ten thousand) by end of March of each calander year. Pursuant thereto the non applicant has deposited Rs. 20,000/- (Rs. Twenty thousand). 2. The suit filed by the applicant for partition and separate possession is decreed by both the Courts. In the light of the same, the applicant is allowed to withdraw an amount of Rs. 20,000/- (Rs. Twenty thousand) and Rs. 10,000 (Rs. Ten thousand only) that would be deposited every year till the pendency of Second Appeal, on condition that the applicant submits an undertaking to this Court on affidavit that in case the Appeal is allowed and applicant is directed to deposit this amount, he would deposit the same within one month along with interest that may be directed by this Court. Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM 13330.10CA