1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 1494 OF 2010 IN FIRST APPEAL NO. 117 OF 2010 (VIDC .v. Smt. Mainabai Mohandeo Bhaiswar and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri N.A. Palshikar, Advocate for the appellant. Shri R.S. Kurekar, Advocate for the applicants/respondents. CORAM : D.B. BHOSALE AND PRASANNA B. VARALE, JJ. 20TH JULY, 2010. Heard learned Counsel for the parties. In this Civil Application, the respondent Nos.1 to 4(d) have made the following prayer :- “It is, therefore, most humbly and respectfully prayed that this Hon'ble Court be pleased to allow the instant application and thereby permit the applicant/respondent No.2 to withdraw 75% of amount out of the total amount of Rs.21,69,460/- deposited by the Appellant in this Hon'ble Court and direct the Registry to pay the said 75% amount to the Applicants/Respondents 1 to 4 in the interest of justice and further be pleased to direct the Registry to issue cheque in the name of Respondent No.2 – Daryao Mohandeo Bhaiswar.” This Court, vide order dated 30.03.2010, allowed these respondents to withdraw 75% of the amount deposited by the appellant on furnishing solvent security to the satisfaction of the Registrar. Learned Counsel for the respondents submits that the respondents have already furnished solvent surety. Respondent Nos.2, 3, 4(a), 4(b), 4(c) and 4(d) are present in the Court. Though they state that the cheque of the amount may be issued in the name of respondent No.2, we are not inclined to issue such direction, since everyone of them is entitled to have share in the 2 said amount. There is no dispute that all of them are entitled to have equal share in the amount and, therefore, the office is directed to issue cheques of the same amount in favour of these respondents, except respondent No.1. Insofar as respondent No.1 is concerned, she being 70 years old and the mother of respondent No.2, as requested by all the respondents, we are allowing respondent No.2 to take the amount of his share and her share by one single cheque in his favour. The office shall issue cheques in favour of respondent Nos.2, 3 and 4(a) to 4(d), as aforestated at the earliest. Civil Application is disposed of. JUDGE JUDGE *rrg.