ash 1 ao-1327.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 1327 OF 2010 Mr. Santosh Wamanrao Hande & Others. .. Appellants Vs Wamanrao Bikhu Hande & Others. .. Respondents -- Shri S.V. Marne for the Appellants. Shri Girish Pariyani for the Respondents. -- CORAM ; A.S. OKA, J DATED : 6TH MAY, 2011 P.C. . Heard learned counsel appearing for the parties. Notice for final disposal was issued. 2. Prayer made by the Appellants in the applications at Exhibits 8 and 60 is that the amount lying with the Sugar Factory of the Respondent No.16 should be directed to be deposited with the Trial Court. By the impugned order, the applications have been rejected. 3. The submission of the learned counsel appearing for the Appellants is that since a substantive suit for partition is pending, the contesting Respondents cannot be allowed to withdraw the amount. The learned counsel appearing for Respondent No.1 invited attention of the Court to the reply filed by Respondent No.1. It is pointed out that ash 2 ao-1327.10 lot of expenditure has been incurred by the concerned Respondents on cultivation of the sugarcane crop. 4. The Trial Court while rejecting the aforesaid applications has observed that the Appellants-Plaintiffs have not uttered a word in respect of the expenditure made by the 1st and 2nd Defendants. The learned Judge has noted that the sugarcane crop has been taken by the 1st and 2nd Respondents. 5. Perusal of the plaint shows that the Appellants are claiming 2/9th share in the suit property. Assuming that that the Appellants establish their share, at highest, their 2/9th share in the amount can be protected and to that extent, the impugned order will have to be modified. 6. Hence, I pass the following order: ORDER (a) The impugned order dated 21st September, 2010 passed below Exhibits 8 and 60 is modified. (b) The Respondent No.16 is directed to deposit amount representing 2/9th share of the Appellant in the sum ash 3 ao-1327.10 of Rs.1,55,457/- with the Trial Court within a period of two weeks from the date on which an authenticated copy of this order is submitted to Respondent No.16. The said amount shall be invested. It will be open for Respondent No.16 to release the balance amount to the 1st and 2nd Respondents. However, withdrawal of the balance amount will be subject to the final outcome of the suit. (c) It is made clear that no adjudication has been made by this Court on the rights claimed by the parties and all contentions of the parties on merits are expressly kept open. (d) Subject to what is observed above, the Appeal is disposed of. (e) Civil Application No. 1630 of 2010 does not survive and the same is accordingly disposed of. ( A.S. OKA, J )