IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE Civil Application No. 5501 of 2008 Civil Application No. 5501 of 2008 Civil Application No. 5501 of 2008 in in in First Appeal No. 1734 of 2008 First Appeal No. 1734 of 2008 First Appeal No. 1734 of 2008 Asha C. Ahuja & others. ..Applicants. Versus. Rajnath Janki Singh and others. ..Respondents. --- Mr. S. M. Oak for the applicant. None for the respondent. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: November 26, 2008. DATE: November 26, 2008. DATE: November 26, 2008. P.C. P.C. P.C. 1. Learned counsel for the respondent is absent when the matter is called out. Learned counsel for the applicant submits that the amount of Rs.21 lacs deposited by the respondent be released in favour of the applicants since the applicant no.1 wife is suffering from Cancer. We find that the amount of Rs.21 lacs is an amount of all the claimants. Applicant nos. 2 and 3 are the minors. Respondent no.4 is already dead. 2. Earlier in Civil Application No. 2067 of 2008 the apportionment of the claim amount has been carried out and out of the said amount the amount of Rs.5 lacs has been kept in the name of the claimant - wife. Therefore, it will be appropriate to release the said amount for the treatment of the cancer so far as the wife is concerned. We therefore reject the prayer of the applicants to release Rs.21 lacs in favour of the applicants, instead we direct that the amount of Rs.5 lacs only be released in favour of the applicant no.1 as her share in the claim amount towards her treatment for cancer. 3. Civil application stands disposed of. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)