hcs 1 w7656.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7656 OF 2010 Indira Vyankoba Rao and Anr. .. Petitioners. Vs. Dr.Bhimaraju Venkata Apparao & Ors. .. Respondents. Ms.Seema Sarnaik for the petitioners. Mr.Nitin Mule for respondent nos.1 and 3. CORAM: B.R.GAVAI, J. 11th February, 2011. PC: 1. The present petition challenges the order dated 16th August, 2010 by which the present petitioners are directed to deposit Rs.20,95,999/- in the court of Civil Judge, Senior Division, Nashik, till decision on civil misc. application No.222 of 2009. 2. The facts in brief giving rise to the petition are as under: The present petitioners have filed probate of Will dated 13th February, 2007 executed by the deceased Dr.Bhimaraju Prema. It appears that the said deceased Dr.Bhimaraju Prema had legal heirs i.e. husband and daughters. They were not impleaded as respondents and only public notice was given. Since the matter was uncontested hcs 2 w7656.10.sxw the probate was granted in favour of the petitioner. Subsequently, after coming to know about the probate being granted, an application being civil miscellaneous application no.222 of 2009 came to be filed for setting aside the exparte order of grant of probate. It appears that in the meanwhile present petitioners have withdrawn the amount of Rs.20,95,999/- from joint account of the deceased – Prema and respondent no.1. As such application came to be filed for direction to the petitioner to deposit the said amount with the court. The same application was allowed. Hence the present petition. 2. Ms.Sarnaik, learned counsel appearing on behalf of the petitioners submitted that the petitioners have already desposited the said amount in a fixed deposit in the Bank of Maharashtra and Bank of Maharashtra. They undertake that they shall not withdraw the said amount till proceedings before the learned Judge are decided. Mr.Mule, learned counsel appearing for respondent nos.1 and 3 vehemently opposed the said prayer. 3. From perusal of the order impugned no infirmity can be noticed. Since the amount is already deposited the interest of justice would be met by modifying the order and directing the present petitioner to immediately transfer the said fixed deposits in the Bank of Baroda and Bank of Maharashtra in the name of Nazir, Civil Judge, Senior Division, Nashik. The necessary formalities shall be completed therefor within a period of four weeks from today. The parties as well as authorities of the bank so also Nazir of the Civil Court shall act on the authenticated copy of this order. hcs 3 w7656.10.sxw 4. It is needless to state that the observations made by the learned trial Court are only at the stage of prima facie consideration and learned trial Court will not be influenced by the same while deciding the main proceedings pending before it. (B.R.GAVAI, J.)