1 CAF 3276 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3276 OF 2010 IN FIRST APPEAL NO.1475 OF 2008 Krishnat Nathu Sapkal and ors .. Applicants. -versus The State of Maharashtra and ors .. Respondents. CIVIL APPLICATION NO.1078 OF 2011 IN FIRST APPEAL NO. 1475 OF 2008 Krishnat Nathu Sapkal and ors .. Applicants. -versus The State of Maharashtra and ors .. Respondents. Mr. Vinod Jadhav, for the Applicants Mr. A.R. Patil, AGP for the respondent Nos 1 to 4 Mr. Amit Borkar and Mr. Shahaji Shinde for respondent Nos 6 to 10, 17 and 18. CORAM: A. S. OKA, J. DATED: 3rd May, 2011 P.C. 1. Heard learned counsel appearing for the applicants, learned counsel appearing for respondent Nos 6 to 10, 17, 18 and learned AGP for respondent Nos 1 to 4. It cannot be disputed that even if applicants who are original plaintiffs- appellants ultimately fail in appeal, they will be entitled to 2 CAF 3276 OF 2010 withdraw their share in the compensation amount as per the deed of partition which is the subject matter of dispute in the appeal. Therefore, prayer clause (a) of Civil Application No. 3276 of 2010 will have be allowed as the applicants are entitled to withdraw the compensation amount as per their share specified in the deed of partition. 2. As far as Civil Application No.1078 of 2011 is concerned, as the applicants are entitled to withdraw the amount equivalent to their share as per deed of partition. Even if contesting respondents have not withdrawn their respective shares, the applicants will have to be permitted to withdraw the amount falling to their share. Hence, I pass the following order. ORDER i) Civil Application No.3276 of 2010 is allowed in terms of prayer clause (a). ii) Civil Application No.1078 of 2011 is disposed of with the clarification that the applicants will be entitled to withdraw their shares as per order passed in CA No.3276 of 2010 even if contesting respondents do not withdraw their share as per order dated 3rd August, 2010. (A. S. OKA, J.)