IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 448 OF 2008 IN FIRST APPEAL NO. 239 OF 2002 DR. CAETANO JOSE FILOMENO JACINTO DE LOIOLA PEREIRA ALIAS DR. CAETANO DE LOIOLA PEREIRA ... Applicant Versus STATE OF GOA THROUGH DEPUTY COLLECTOR MARGAO AND ANR., ... Respondents Mr. F. E. Noronha, Advocate for the applicant. Mr. S. R. Rivonkar, Government Advocate for the respondents. Coram:- S.C. DHARMADHIKARI & R.C. CHAVAN, JJ. Date:- 5th August, 2008 P.C. This Misc. Application is by the original respondent in the First Appeal. Both the sides do not dispute that the appeal which was filed by the respondent to this Civil Application bearing First Appeal No.239/2002 has been disposed off by judgment and order dated 28.09.2004. Thereafter two Misc. Civil Applications were filed invoking the powers of this Court under section 152 of the Civil Procedure Code which have been decided on 19.09.2005. It is undisputed before us that the State has deposited Rs.14,96,084/- on 18.01.2003. The said amount was directed to be invested in Indian Overseas Bank, Panaji for a period of 3 years. The amount has been deposited in Fixed Deposit which has been renewed from time to time and it appears that despite the appeal being disposed off, the amount lies invested in the bank. The claimant is praying that the amount which is due be paid to him in terms of the order and decree of the lower Court in Land Acquisition Case No.146/1993, while it may be true that the award of the Reference Court has been reversed by this Court but that by itself is not enough to deny to the claimant the facility of withdrawing the amount. In such circumstances the interest of justice would be served if both the sides are directed to remain present before the Registry on 8th August, 2008. The Registrar to compute the claim amount under the judgment and decree of the First Appellate Court (High Court), and thereafter allow the applicant to withdraw the same. Needless to state that Decree holder would be entitled to withdraw the amount due to him and the amount should be paid to him with accrued interest. Application disposed off. S.C. DHARMADHIKARI, J. R.C. CHAVAN, J. lh/.