AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3547 OF 2008 IN FIRST APPEAL NO.730 OF 2010 The State of Maharashtra ... Applicants Vs. Dnyanoba Pandurang Gaikwad (deceased) through legal heirs – Harishchandra Dnyanoba Gaikwad & Ors. ... Respondents Mr. A.R. Patil, A.G.P. for the applicants. Mr. S.S. Pande for the respondents (original claimants). CORAM: MRS. RANJANA DESAI & R.V. MORE, JJ. DATED : 9TH SEPTEMBER, 2010. P.C.:- 1. Learned A.G.P. informs the court that the decretal amount has been deposited in the reference court. 2. Learned counsel for the respondents (original claimants) confirms this fact. Learned counsel for the AJN 2 respondents (original claimants) have drawn our attention to Order dated 1/4/2009 passed in First Appeal (St.) No. 25275 of 2007. He submitted that the said first appeal arises out of same Notification with which we are concerned here. We notice that by the said order dated 1/4/2009, the State appeal has been dismissed in limine by the Division Bench of this court. 3. In view of this, we permit the respondents (original claimants) to withdraw 50% of the decretal amount deposited by the State in the reference court on furnishing security to the satisfaction of the reference court. The remaining 50% of the decretal amount so deposited, is allowed to be withdrawn by the respondents (original claimants) without furnishing any security. 4. Civil application is disposed of. [MRS. RANJANA DESAI, J.] [R.V. MORE, J.]