1 C.A. No. 3859.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3859 OF 2011 (Kashinath Sayajik Mahajan & Ors V. Rajaram Sayaji Mahajan & Ors ) in FIRST APPEAL NO. 2990 OF 2008 with CIVIL APPLICATION NO. 3860 OF 2011 (Kashinath Sayajik Mahajan & Ors V. Rajaram Sayaji Mahajan & Ors ) in FIRST APPEAL NO. 1721 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 29th APRIL, 2011 PER COURT : 1. These are applications for withdrawal of the amount. 3. Shri Kale, learned counsel for the respondent opposes the applications on the preliminary ground that the same are not tenable, as the present applicants are not claimants, there is no apportionment of the 2 C.A. No. 3859.11 shares and points out the order passed by the Division Bench of this in Civil Application No. 765 of 2009 and 769 of 2009, dated 6th August, 2009, wherein this Court had specifically observed that these applicants could not have been shown as claimants in the Judgment passed by the Reference Court, and as such, Division Bench of this Court passed an order to correct the said position of the present applicants and they were shown to be respondents. It was further observed that the dispute amongst the claimants and other family members for partition is outside the scope of Reference under Section 18 of the Land Acquisition Act. 4. In the light of the above referred order passed by the Division Bench of this Court, the present applications for withdrawal of amount are not tenable. The applicants are at liberty to take appropriate steps as is permissible in law. 3 C.A. No. 3859.11 5. The Civil Applications are disposed of. ( S.V. GANGAPURWALA, J. ) SDM*