: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.290 OF 2010 IN SECOND APPEAL NO.598 OF 1999 Narayan Ganpati Saste & Ors. ... Appellants V/s. Yashwant Baburao Saste & Ors. ... Respondents Mr.V.P. Malvankar for Applicant Ms.Sraddha Mohite for Respondent No.2 CORAM: SMT.NISHITA MHATRE, J. DATED: APRIL 1, 2010 P.C.: The civil application has been filed for withdrawal of the compensation which is awarded to the applicants and the respondents herein. It appears that the suit for partition was filed and during the pendency of the suit, the property was acquired and compensation was awarded to the parties. It is in these circumstances, the applicant has sought withdrawal of the compensation, subject to the result of the second appeal. 2. In my opinion, this prayer can be granted. The appellate Court has held that both the applicants and the respondents are entitled to half a share of the suit property. Therefore, they would be entitled to half the compensation payable in respect of the suit property. The applicants and the respondents are thus permitted to withdraw the amounts in equal shares subject to the result of the Second Appeal. 3. Civil application is disposed of accordingly.