1 caf313 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.313 OF 2011 IN FIRST APPEAL NO.387 OF 2009 Dattatraya Govind Deshmukh & Ors. ...Applicants vs. Gopal Bhaurao Deshmukh ...Respondent Ms Kalpana Shah for the applicants Ms Preeti Walimbe for the Respondent CORAM : A.S.OKA,J. DATE : JUNE 13, 2011 P.C.: 1 This is an application seeking permission to withdraw the decretal amount. The application has been made by the Respondent in the Appeal who are plaintiffs. The Respondent herein is the Appellant-Defendant. Heard learned counsel for the Applicants and the learned counsel for the Respondent. The learned counsel for the Respondent states that the Respondent has received a sum of Rs.15.20 lacs which is equivalent to 50% of the amount payable in the proceedings under section 18 of the Land Acquisition Act,1894 and the decretal amount of about Rs. 14,00,000/- has been deposited by the Respondent out of the said amount. He submitted that as the Respondent alone has obtained award of enhancement under section 18 of the said Act, the Applicants should not be permitted to withdraw the amount. He submitted that the Respondent has been permitted to withdraw only 50% of the compensation amount in pending Appeal against the award under section 18 of the said Act. 2 caf313 2 There is a finding recorded by the trial Court that the property in respect of which award under section 18 of the said Act has been made is not the exclusive property of the Respondent and that the Applicants have 50% share in the compensation amount. The decree is passed only in respect of 50% of the compensation amount. The fact that the Respondent has withdrawn only 50% of the amount payable under award in Reference under section 18 is not relevant. The Respondent can file appropriate proceedings for withdrawal of balance amount. 3 In the circumstances, the Applicants will have to be permitted to withdraw the amount deposited by the Respondent. The Respondent will be adequately protected if the Applicants are directed to furnish security to the satisfaction of the trial Court. Hence, application is allowed in terms of prayer made in paragraph 5 of the application subject to condition that the Applicants will furnish adequate security for the entire amount to the satisfaction of the trial Court. Trial court will hear the Respondent before accepting the security. Application is disposed of. JUDGE