1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 462 OF 2007. Shri Rajan Raghunathrao Dessai, aged 49 years, married, occupation business, residing Flat No.1, Ground Floor, Building No.3, Damodar Housing Society, Acquem, Alto, Margao, Goa .. Petitioner/Original Decree Holder No.1 Versus. 1. Smt. Sanjita Ranesardessai, d/o. Late Vijaymala Raghunathrao Dessai, aged 45 years, married, housewife, resident of S-3, Raj Vihar, Near Power House, Aquem, Margao, Goa. 2. Shri Udaysingh Rane Sardessai s/o. Vamanrao Rane Sardessai aged 54 years, married, occupation business, resident of S-3, Raj Vihar, Near Power House, Aquem, .. Respondents/Original Margao, Gao. Decree Holders No.2&3. 3. M/s. Mineira Nacional Limitada, represented by Shri Anil Salgaocar, Managing Director, with its office at Salgaocar Chambers, Gosalia Bldg., Margao, Goa.(deleted) 4. Shri anil Vasudev Salgaocar, major, married, Mine Owner, with office at Mineira Nacional Limitada, Salgaocar Chambers, Gosalia Bldg., 2 Margao, Goa.(deleted) .. Respondents/Original Judgment Debtors Mr. M. S. Usgaonkar, Senior Advocate with Mr. Sudesh Usgaonkar, Advocate for the petitioner. Mr. C. Mascarenhas, Advocate for the respondent Nos. 1 And 2 Coram :- R. C. CHAVAN, J. Date : 19 th September, 2008. ORAL JUDGMENT : 1. Rule by consent made returnable forthwith. 2. Heard learned Senior Counsel Shri M. S. Usgaonkar for the petitioner and learned Counsel Shri Mascarenhas for the respondent Nos. 1 & 2. The petition is directed against the order passed by the learned First Additional Civil Judge, S. D., Margao on 29.8.2007, whereby the learned Judge held the respondent Nos. 1 and 2 entitled to 2/3rd amount from the amount deposited by the Judgment Debtor in view of orders passed by this Court in W.P.26/2005 on 5.10.2005. This amount was deposited in pursuance of decree, where Vijaymala, the mother of the petitioner and respondent Nos. 1 was to get 50 % of the sum in respect of price of ore up to 2 Lacs tonnes per year and her children were to get 10 % each from price up to 2 Lacs tonnes per year. Beyond two lakh tonnes, Vijaymala was entitled to get entire price, if 3 Vijaymala expired. It is not necessary to go into the question of shares of the parties in pursuance of Vijaymala's Will. Two siblings of the petitioner and respondent No.1 are stated to have renounced their share. This aspect also need not be gone into now. The grievance of respondent Nos. 1 & 2 is that the petitioner had appropriated for himself a large chunk of sum of Rs.1,64,92,072/- deposited by the Judgment Debtor from time to time. Therefore, they justify the impugned order dated 29.8.2007, which entitles them to 2/3rd share in the amount now in deposit. 3. One wrong allegedly committed by the petitioner in appropriating himself a sum of Rs. 1.64 Crores, would not entitle the respondent to take 2/3rd share in the amount now deposited in the trial Court. Their shares were 10 % each in terms of the decree. 50 % was to go to Vijaymala. Since, she had 5 children, irrespective of what happens on account of adjustment of shares, in terms of the will or renunciation, they would get another 10 % share each, if renunciation and Will are not considered for the time being. Thus, the petitioner as well as respondent No.1 would have 1/5th share each. In any case, the share of respondent No.1, if will and renunciation are excluded, is not likely to exceed 1/5th share. Her husband does not have an independent share of himself and takes along with her share. Therefore, the learned trial Judge was obviously in error in holding the respondents entitled to 4 2/3rd share in the amount in deposit. In view of this, the impugned order will have to be quashed and set aside. 4. The order is, therefore, quashed and set aside and the petitioner alone is held entitled to withdraw 1/5th of the amount in deposit and respondent Nos. 1 and 2 together, are as a temporary measure, subject to final adjudication by the learned Judge of the Executing Court of amounts which they are actually entitled to, after considering decisions of the Inventory Court on Will as well renunciation, or such other issues as may be raised before him. The balance shall be kept by the trial Judge in fixed deposit in State Bank of India of local area so as to ensure that it fetches maximum interest. If other Decree Holders approach the Executing Court for release of their undisputed shares, the learned Judge of the Executing Court shall be at liberty to release their shares after hearing all the parties. Rule is made absolute in the above terms. R. C. CHAVAN, J SMA