1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7642 OF 2009 IN SECOND APPEAL NO. 805 OF 2006 Smt.Bhavaribai w/o Ramkisan Indani Applicant Versus Jagdishprasad s/o Tarachand Gaud Respondent Mr.B.N.Palve, advocate for the applicant. Mr.H.S.Surve, advocate for Respondent. CORAM: R.M.BORDE, J. DATE : 21st August, 2009. P.C.: 1 This is an application for withdrawal of amount of Rs.33,000/-, stated to have been deposited in this Court, by Respondent-appellant. 2 Respondent-appellant claims to be tenant in respect of premises in his occupation. Applicant contends that he was the landlord. The dispute before the Court was in respect of entitlement of the Respondent, in this application, to continue to occupy the suit premises. 3 It is not necessary to go into the factual details, suffice it to say that at the time of admission of appeal, a condition was put in respect of deposit of amount of Rs.1000/- every month. Accordingly, amount is deposited and the amount accumulated is stated to be Rs. 33,000/-. Subsequently, appeal has been withdrawn by the Respondent- appellant unconditionally. It is also brought to my notice that applicant 2 herein has alienated the property in favour of Respondent by executing a registered sale deed. There is no settlement arrived at between the parties in respect of entitlement of amount of Rs.33,000/- deposited in this Court by Respondent-appellant. In this view of the matter, Respondent- appellant claims that applicant is not entitled to secure amount as the execution of sale deed in his favour for valuable consideration was in accordance with the settlement reached between the parties. Thus, Respondent-appellant disputes entitlement of the applicant to withdraw the amount. 4 Considering all these aspects, it would be open for the applicant to raise dispute before appropriate forum in that regard. Instant application cannot be considered favourably. Application, therefore, stands rejected with liberty to the applicant to raise dispute before appropriate forum, if he so desires, as regards his entitlement in respect of the amount. (R.M.BORDE) JUDGE ******* adb/ca764209