1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.5033 OF 2007 APPLICATION NO.5033 OF 2007 APPLICATION NO.5033 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.1238 OF 2004 APPEAL NO.1238 OF 2004 APPEAL NO.1238 OF 2004 Shri Arvind Trimbak Vaze : Applicant. versus Shri sharad Ramchandra Kakade & ors. : Respondents. Mr.Nitin Jamdar for the applicant. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : JUNE 03, 2008. : JUNE 03, 2008. : JUNE 03, 2008. P.C. P.C. P.C. 1. When the matter was called out in the first round, the advocate for the applicant was present but the advocate for the respondent was absent. Hence the matter was kept back. In the second round, when the matter is called out, the advocate for the applicant is present but nobody appears for the respondents. 2 2. Heard the learned advocate for the applicant. This is an application filed by the applicant for withdrawal of the amount which is deposited in the trial court. The appeal was admitted on 20th December 2005. At the time of admission of the appeal, ad interim relief was granted on a condition of appellant depositing the total decretal amount in the trial Court. It is the case of the applicant that Respondent No.1 herein i.e. the original appellant has deposited part of the said decretal amount in the trial court. The learned advocate for the applicant submits that the applicant is ready to abide any condition imposed by this court if he is allowed to withdraw the amount which is deposited in the trial court. 3. The application is allowed. Applicant is permitted to withdraw the amount which is deposited in the trial court by furnishing security to the satisfaction of the trial court. The applicant shall also file an undertaking that in case, the appellants succeed in the appeal, the applicant will bring back the amount with interest to this Court. The civil application is disposed of accordingly. 3 [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]