1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5031 OF 2008 IN FIRST APPEAL NO.1446 OF 2002 Smt. Yamunabai Gopal Joshi .... Applicants D/H & Ors. Vs. Smt. Shama Sharad Joshi .... Respondent Mr. G.V. Limaye, Advocate for Applicants. None for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 10th December, 2008 P.C. 1. This Civil Application is taken out in the First Appeal which was withdrawn by the appellant on 24th July,2008. Pursuant to the interim orders passed in the Appeal, the appellant had deposited a sum of Rs.93,279/- being the decretal amount in this Court. By the order dated 12th July,2004, the original respondent was granted liberty to withdraw a sum of Rs.50,000/- without furnishing any security. The balance amount of Rs.43,279/- was directed to be invested with a Nationalised Bank during the pendency of the Appeal. 2. The respondent died on 14th June,2005 i.e. prior to withdrawal of the Appeal. The heirs of respondent 2 have filed the present application for bringing themselves on record and for liberty to withdraw the balance amount deposited in the Court. In view of withdrawal of the Appeal, the applicants will have to make an application for execution of the decree impugned in the appeal. Hence, the Civil Application is not maintainable. The same is accordingly dismissed. (SMT. R.P. SONDURBALDOTA,J)