S.B.CIVIL MISC. APPEAL NO. 495/2003 L.Rs of Balveer Singh vs. Smt. Savitri Devi & Ors. DATE OF ORDER : 2/2/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sajjan Singh, for the appellant. Mr.C.R.Jakhar, for the respondent. This appeal is directed against the order dated 23/3/2003 passed by the learned court below while deciding application under Order 39 Rule 1 and 2 CPC. The court below in respect of land acquired has held that 1/10th amount of the compensation shall not be received by the non-applicant, present appellants before this Court and said amount of 1/10 of the compensation amount of Rs.97,591/- shall remain deposited in the Nationalized Bank in fixed deposit. Learned counsel for the appellant defendants submits that said amount may be permitted to be disbursed to the defendants as there was a release deed in favour of defendants and subject to their furnishing the solvent security, the learned court below may be requested to decide the suit expeditiously. Though this request was opposed by the learned counsel for the respondent-plaintiff, he submitted that the money in question may be kept in fixed deposit of the bank as directed by the learned court below. Having heard the learned counsels, this Court is of the opinion that interest of justice would be met if the impugned order dated 22/3/2003 passed by the court below is modified to the extent that the said 1/10th amount of the compensation lying in fixed deposit of the bank may be disbursed to the appellant defendants subject to their furnishing solvent security to the satisfaction of learned trial court that in case the suit is decreed and it is held against them that they are not entitled to the land in question, they will refund the said amount with @ 9% simple interest. Consequently, this appeal is partly allowed and the impugned order dated 22/3/2003 is modified in aforesaid terms. No order as to costs. (DR.VINEET KOTHARI), J. item no.25 baweja/-