1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. no.934/2011 in F.A. NO.153/1998 THE COLLECTOR NAGPUR ..VS.. SHAIKH SAMIULLA SADULLA & ORS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Parchure, adv for applicants Mrs. Deshmukh AGP for non applicant. CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JUNE 14, 2011. By this application, the applicant seeks permission to withdraw the interest which is accrued on the fixed deposit amount. It is necessary to note that at the time of admission of the appeal on 27.3.1998, the applicant was permitted to withdraw 50% of the total amount deposited by the State on furnishing security to the satisfaction of the reference court. The rest of the amount was directed to be invested in a fixed deposit account of a nationalized bank, initially for a period of three years and the same was renewable every three years. By a subsequent order dated 27.4.2001 this court directed that the balance 50% of the amount with interest accrued thereon be reinvested for a period of three years. This court on considering the case of the parties and on considering the prima facie case of the State had permitted the applicant to withdraw 50% of the total amount. The applicant has again moved for withdrawing the interest amount on the fixed deposit amount. This cannot be granted during the pendency of the first appeal, for if it is so granted, only 50% of the amount deposited by the state would 2 remain and the entire interest on the remaining 50% would be withdrawn by the applicant. The prayer made in this civil application is rejected as the applicant has already withdrawn a substantial amount in pursuance of the order passed by this court on 27.3.1998. The prayer made in this civil application is rejected. However, since the appeal is an old one, the same may be listed for final hearing in w/c 27.6.2011. JUDGE JUDGE SMP