(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Civil Application is filed by the original respondent in First Appeal No.3312/2011. The prayer made is for vacating interim relief granted by this Court by order dated 19.10.2011 since according to the applicant, respondents original appellants have not fulfilled the condition on which such interim relief was granted.
We notice that by order dated 19.10.2011 Division Bench of this Court granted stay against execution of the decree on the condition that the appellants deposit entire decreetal amount with cost within a period of eight weeks from the date of order. In the said order it was further provided that it would be open for the respondents of the First Appeal i.e. present applicant to withdraw such amount on furnishing the solvent security to the satisfaction of the trial Court of the equal amount.
The appellants deposited a sum of Rs.58,62,423/- on or around 19.12.2011. However, this amount did not contain interest and hence this application.
Learned counsel Shri S.A. Desai for the appellant present opponent stated under instructions of Shri D.G. Swamy, Assistant Registrar of University that remaining amount as directed by this Court in order dated 19.10.2011 shall be deposited before the trial Court latest by 15.6.2012.
In view of such statement, this Civil Application is not pressed at this stage. Needless to observe such additional amount also could be withdrawn by the applicant herein after fulfilling the condition provided by this Court in earlier order dated 19.10.2011. Civil Application stands disposed of.
(Akil Kureshi,J.) (C.L.
Soni,J.) (raghu) Top