( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ CIVIL APPLICATION NO.692 OF 2006 CIVIL APPLICATION NO.692 OF 2006 CIVIL APPLICATION NO.692 OF 2006 IN IN IN SECOND APPEAL NO.878 OF 2003 SECOND APPEAL NO.878 OF 2003 SECOND APPEAL NO.878 OF 2003 Shri Balwant Namdeo Sutar Since deceased through his LRs 1. Hanumant Balwant Sutar & Ors. ..Applicants V/s. Shri Eknath Babu Sutar and Ors. ..Respondents ...... Mr. G.Jadhavrao i/by M/s. Jadhavrao & Co. for applicants Mr. Nitin Deshpande for respondent No.1 Mr. A.R. Patil, AGP for respondent No.2 ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 28th April, 2009 DATED : 28th April, 2009 DATED : 28th April, 2009 P.C.: P.C.: P.C.: 1. The applicants claim that substantial amount was paid to respondent No.1 and respondent No.1 has secured that amount by practicing fraud. The applicants want that respondent No.1 should be ordered to deposit the amount which he has received in the Court. After the second appeal is disposed of, the said amount can be made available to the succeeding party. 2. After having considered the point in question, I am inclined to observe that rights of the parties are yet to be decided in the Second Appeal. With ( 2 ) that, it would not be proper to respondent No.1 to deposit the amount, which in the opinion of the applicant is received by him by practicing fraud. All these questions may have to be gone into at the time of hearing of the second appeal. Hence, request made by the applicants in terms of this civil application, cannot be granted. Hence, the order. ORDER ORDER ORDER . Civil Application is rejected with no order as to costs. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)