IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4344 OF 2009 IN FIRST APPEAL 854 OF 2009 Mahadeo S. Kadam and ors. ..Applicants. Vs. Hanmant P.Gharge and anr. ..Respondents. Mr.M.A.Patil,Advocate for the Applicants. Mr.Dilip Bodake for the Respondents 1,4 and 4. CORAM : R.S. MOHITE, J. DATE : 16th February, 2010 PC : 1 This is a civil application for modification of order dated 15.9.2009 passed by this court. The Applicants states that they have deposited the decretal amount as per order of this court and the respondent were permitted to apply for withdrawal. However, no such application is made till today. In this view of the matter, prayer as sought in the civil application cannot be considered. Question as to whether withdrawal is to be allowed by way of bank guarantee or adequate security can be decided when such application was made. No withdrawal can be granted without making proper application. Present civil application is untenable and therefore, same is dismissed. It is made clear that if the entire decretal amount inclusive of interest has not been deposited as per the order of this court then it will be open to the respondents to move for execution. ( R.S. MOHITE, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4341 OF 2009 IN FIRST APPEAL 855 OF 2009 Mahadeo S. Kadam and ors. ..Applicants. Vs. Manisha S. Nimbalkar and ors. ..Respondents. Mr.M.A.Patil,Advocate for the Applicants. Mr.Dilip Bodake for the Respondents 1,4 and 4. CORAM : R.S. MOHITE, J. DATE : 16th February, 2010 PC : 1 This is a civil application for modification of order dated 15.9.2009 passed by this court. The Applicants states that they have deposited the decretal amount as per order of this court and the respondent were permitted to apply for withdrawal. However, no such application is made till today. In this view of the matter, prayer as sought in the civil application cannot be considered. Question as to whether withdrawal is to be allowed by way of bank guarantee or adequate security can be decided when such application was made. No withdrawal can be granted without making proper application. Present civil application is untenable and therefore, same is dismissed. It is made clear that if the entire decretal amount inclusive of interest has not been deposited as per the order of this court then it will be open to the respondents to move for execution. ( R.S. MOHITE, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4342 OF 2009 IN FIRST APPEAL 1239 OF 2009 Mahadeo S. Kadam and ors. ..Applicants. Vs. S.S.Gharge and anr. ..Respondents. Mr.M.A.Patil,Advocate for the Applicants. Mr.Dilip Bodake for the Respondents 1,4 and 4. CORAM : R.S. MOHITE, J. DATE : 16th February, 2010 PC : 1 This is a civil application for modification of order dated 15.9.2009 passed by this court. The Applicants states that they have deposited the decretal amount as per order of this court and the respondent were permitted to apply for withdrawal. However, no such application is made till today. In this view of the matter, prayer as sought in the civil application cannot be considered. Question as to whether withdrawal is to be allowed by way of bank guarantee or adequate security can be decided when such application was made. No withdrawal can be granted without making proper application. Present civil application is untenable and therefore, same is dismissed. It is made clear that if the entire decretal amount inclusive of interest has not been deposited as per the order of this court then it will be open to the respondents to move for execution. ( R.S. MOHITE, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4343 OF 2009 IN FIRST APPEAL 1313 OF 2009 Mahadeo S. Kadam and ors. ..Applicants. Vs. Savitribai G..Gharge and anr. ..Respondents. Mr.M.A.Patil,Advocate for the Applicants. Mr.Dilip Bodake for the Respondents 1,4 and 4. CORAM : R.S. MOHITE, J. DATE : 16th February, 2010 PC : 1 This is a civil application for modification of order dated 15.9.2009 passed by this court. The Applicants states that they have deposited the decretal amount as per order of this court and the respondent were permitted to apply for withdrawal. However, no such application is made till today. In this view of the matter, prayer as sought in the civil application cannot be considered. Question as to whether withdrawal is to be allowed by way of bank guarantee or adequate security can be decided when such application was made. No withdrawal can be granted without making proper application. Present civil application is untenable and therefore, same is dismissed. It is made clear that if the entire decretal amount inclusive of interest has not been deposited as per the order of this court then it will be open to the respondents to move for execution. ( R.S. MOHITE, J.)