(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 9233 of 2009 (In Civil Application No. 1779 of 2009) (In First Appeal No. 2171 of 2009) Pandurang s/o. Dadarao Sathe, .. Applicant Age : 67 years, (Sole respondent Occupation : - , in First Appeal/ R/o. Village Makani, Original claimant) Taluka : Omerga, District : Osmanabad. versus 1. The State of Maharashtra, .. Non-applicants through the Collector, (Appellants in Osmanabad. First Appeal ) 2. The Special Land Acquisition Officer No.1, Osmanabad. .......................... Mr. R.S. Deshmukh, Advocate, for the applicant. Mr. K.G. Patil, Assistant Government Pleader, for the non-applicants. .......................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 11TH SEPTEMBER 2009. COURT'S ORDER : 1. This is an application for withdrawal of the amount deposited by the non-applicant (appellant), State, in this court, as a condition precedent while admitting the appeal and granting stay. 2. It is not in dispute, that the application filed by the claimants, for withdrawal of the amount, in the identical cases, have already been allowed by this court. The copies of the said orders dated 9th January 2009 and 30th January 2009 are placed on record. It is not disputed before us, that the facts in the said case and the present case, are almost identical. 3. In that view of the matter, we do not find any impediment in allowing the application on the same terms and conditions as granted by this court in the identical matters. 4. Hence, the Civil Application is allowed. The applicant is permitted to withdraw 25 % of the amount on furnishing Bank guarantee of a Nationalized Bank. The applicant shall keep the Bank guarantee in force during the pendency of the appeal and for a period of six months after the conclusion of the appeal. The remaining amount of 75 % shall be permitted to be withdrawn by the (3) applicant on the applicant's furnishing solvent surety to the satisfaction of the Registrar. In addition of the Bank guarantee and the solvent surety, the applicant shall furnish a written undertaking to this Court thereby undertaking to refund the entire amount in the event this Court directing the applicant to do so. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca9233