[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1065 OF 2001 IN NOTICE OF MOTION NO.75 OF 2000 IN SUIT NO.3734 OF 1996 Jayant Bhagwandas Kapadia & Ors. .... Appellants Vs. Madhavdas K. Thakersey & Ors. .... Respondents Ms Manjiri Shah a/w Ms Jyoti Ghag i/b M/s. Thakore Jariwala & Associates for the Appellants. Ms Alpana Ghone i/b M/s. Kanga & Co. for the Respondents. CORAM: CORAM: CORAM: SRI R.M.S. KHANDEPARKAR & SRI P.B. MAJMUDAR, JJ. DATED: DATED: DATED: JUNE 16, 2008 P.C: P.C: P.C: 1. The learned Advocate for the appellants states that in the facts and circumstances of the case it is apparent that no sufficient evidence was placed before the learned single Judge to enable the Court to arrive at any particular figure regarding the compensation and, therefore, in order to enable the appellants to place such evidence before the learned single Judge, the appellants may be granted liberty to withdraw the present appeal and to take out fresh notice of motion in that regard before the learned single Judge. Upon hearing the learned Advocates for the parties and taking [2] into consideration the order dated 24-6-2002, which was passed in this appeal, we are inclined to allow the appellants to withdraw the appeal with the said liberty. Hence the appeal is accordingly allowed to be withdrawn with the said liberty. 2. During the pendency of the appeal, the respondents had been paying to the appellants an amount of Rs.1,00,000/- in accordance with the order dated 21-10-2002, passed in this appeal. The respondents shall continue to pay the same till the disposal of the notice of motion which the appellants intend to take out before the learned single Judge. The payment in terms of the order dated 21-10-2002 shall be subject to the order that may be passed at the time of disposal of such notice of motion, to be taken out by the appellants, or in terms of the final judgment in Suit No.3734 of 1996, whichever is earlier. The appeal stands disposed of accordingly. (P.B.Majmudar, J.) (R.M.S.Khandeparkar, J.) sjs/J8a1065.01 sjs/J8a1065.01 sjs/J8a1065.01