(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. Applicant has moved this application to order payment of decretal amount of Rs.53,29,805/- deposited by the original appellants with the Registry of this Court on 6.1.2012.
2. We find that the Hon'ble Supreme Court, vide order dated 8.8.2011, has permitted the applicant to withdraw the amount deposited by the original appellants against security. The applicant has placed on record valuation report in respect of the property owned by the applicant. Learned advocate for the original appellants- opponents herein has stated that opponents would like to inquire about the clear title of the property in question. We find that this application can be disposed of and the applicant can be permitted to withdraw the amount by directing the applicant to furnish solvent security in respect of the property, for which valuation report is produced before us, to the satisfaction of the concerned Registrar of this Court.
3. Concerned Registrar of this Court is directed to release the aforesaid amount of Rs.53,29,805/- on being fully satisfied about the solvency in respect of the property offered as security after giving opportunity of lodging of objections to the opponents herein. We further direct the applicant to file an Undertaking to the effect that the applicant shall not transfer, alienate and/or deal with the property and shall not create any third party right over the property till final disposal of the appeal. Solvent security shall be to the tune of Rs.60 lakhs, as we have permitted the applicant to withdraw amount of Rs.53,29,805/- deposited by the opponents herein.
4. With the above directions, present civil application stands disposed of.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top