IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR FIRST APEPAL NO.490/2010 DINESH CHITTALWAR & ANOTHER ..VS.. SMT. REKHA RAJESH NAGARE AND ORS Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 2 /9 / 2010 Heard Shri Khanzode, the learned counsel fo the appellant. Admit. Call R & P. Mr. Bhishikar, the learned counsel waives notice of final hearing on behalf of respondent no.1 to 5 and Mr. Morande, the learned counsel waives notice of final hearing on behalf of respondent no.6. JUDGE CIVIL APPCIATION CAF NO.2646/2009 Heard learned counsel for the parties. Perused the judgment dated 4.10.2008. In the facts and circumstances of the case and in the interest of justice, the respondent no.1 to 5 are permitted to withdraw the amount of Rs.1,25,000/- on furnishing solvent surety/ security to the satisfaction of the Registrar. The balance amount may be placed in a fixed deposit of a nationalized bank, initially for a period of 3 years and the same should be renewed thereafter from time to time, pending disposal of the first appeal. The amount should be withdrawn by the respondent no.1 for and on behalf of the claimants i.e. respondents no.1 to 5. civil application is allowed in the aforesaid terms. JUDGE SMP.