1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 12. CA/6437/2009 In SA/193/2006 --------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Rahul R.Karpe, Adv., for the appellant. Mr.V.Y.Patil, Adv., for respondent no.1. ... CORAM : K.U. CHANDIWAL, J. DATED : 6th July, 2009 ... P.C.:- 1. In the matter of partition, by virtue of orders dt.29.1.2008, appellant is directed to deposit Rs.25,000/- as indicated in paragraph 5 of the order. It is informed and, not disputed, that such deposits are scrupulously complied with by the appellant. Respondents have, by present application, requested to allow to withdraw the said amount. At this stage of the matter, since it is pending since 2006, I do not see that there operates any fetters in not allowing the respondent to utilize the amount. If the appellant has any apprehension in his mind, at the most, he can insist for security or any guarantee for the amount, if it is allowed to be withdrawn and, 2 nothing more than that. 2. In the light of what this Court has observed in order dt.29.1.2008, the application for withdrawing the amount deposited by original appellant in deposit dt.28/3/2008 of Rs.25,000/- and deposit dt.30.3.2009 of Rs.25,000/-; totaling Rs.50,000/- be paid over to the respondent in the appeal. The respondents, in the event of losing the appeal, are bound to reimburse the amount within so stipulated period. Application allowed. (K.U. CHANDIWAL) JUDGE agp/ca6437-09