1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 1384/2008 (W.C.L. Thru.CGM, Wani ..vs.. Narayan Nago Kale and others) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 04, 2009 CIVIL APPLICATION (CAF) NO. 2634/2009 The legal heirs have moved this application for apportionment of their shares. According to them, as deceased Mahadeo expired on 01st November, 2005, the amended provisions of Section 6 of the Hindu Succession Act regulate the succession and hence Respondent No.1(b) (daughter of Mahadeo) is entitled to equal share. In view of the statement made, the compensation for land acquisition in the hands of Mahadeo is accordingly apportioned equally between the legal heirs Nos.1(a)(1) i.e. widow of Mahadeo, 1(a)(2) and 1(a)(3) i.e. sons of Mahadeo and 1(b) i.e. daughter of Mahadeo. 2 Application is accordingly granted to that extend. CIVIL APPLICATION (CAF) NO.2635/2009 Heard. By order dated 10/2/2009, this court has permitted withdrawal of compensation by furnishing solvent security. The respondent Nos.1(a)(1), 1(a)(3) and 1(b) are not in a position to furnish solvent security and respondent No.1(a)(2) alone is in a position to furnish such security. R.Nos.1(a)(1), 1(a) (3) and 1(b) are, therefore, seeking leave of the Court to furnish solvent surety and are seeking modification to that extent. Advocate Shri Mehadia for appellant has no objection. Accordingly, the order dated 10th February, 2009 is modified to that extend. Application is allowed accordingly. JUDGE diwale.