{1} Civil Application No.6625/2009 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6625 OF 2009 IN FIRST APPEAL NO.659 OF 2008 Sow.Kasturabai Satwaji Nandapurkar APPLICANT VERSUS Babasaheb Vaijnath Lokhande RESPONDENT ....... Mr.P.N.Kalani, Advocate for the applicant Mr.B.S.Deshmukh, Advocate for respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 17 th November 2011 PER COURT: 1. By this application, the applicant has prayed to allow her to withdraw the amount deposited by the respondent in the lower court as per the order of this Court. Heard. Learned counsel for the respondent opposed the application on the ground that the appeal was filed in the year 2008, the application was filed in the year 2009 and pressed in the year 2011. There is finding to the effect that the amount deposited by the respondent was paid by {2} Civil Application No.6625/2009 the applicant to the respondent by cheuqe. In view of this, the application is allowed, however on certain conditions. The applicant is allowed to withdraw the amount deposited by the respondent on furnishing surety and on executing undertaking to the effect that the said withdrawal shall be subject to the final disposal of the first appeal. Application is allowed accordingly. [A.V.POTDAR, J.] drp/B11/ca6625-09