: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.399 OF 2008 WITH CIVIL APPLICATION NO.472 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.G.S. Godbole for the Appellants. Mr.S.S. Kurlarni for Respondent No.1. Mr.Nitin Jamdar with Mr.Vijay Killedar for Respondent Nos.5, 6, 7(a), 8, 9, 11 to 13, 15 to 17. CORAM : S.J. VAZIFDAR, J. DATED : 17TH NOVEMBER, 2008. P.C. : 1. By the impugned order, the S.L.A.O. has been ordered and directed to deposit the amounts due in respect of a part of the suit properties in the trial Court. This was in view of the written statement filed by behalf of the S.L.A.O. agreeing to do so. Apparently thereafter, the S.L.A.O. sought to distribute the amounts. In the circumstances, some of : 2 : the Respondents were constrained to take out an application restraining him from do so. The S.L.A.O. has been directed by the impugned order to deposit the amounts in the trial Court. 2. The impugned order completely protects the rights and contention of all the parties. The amount is to abide by the result of the suit. 3. It was however contended that in law the Civil Court would have no jurisdiction to pass such an order. Technically, it is contended, a reference ought to be filed under Section 30 of the Land Acquisition Act and it is only in those proceedings that the amounts may be ordered to be deposited. 4. It would be appropriate for this question of law to be determined at the hearing of the suit. The Petitioner is always at liberty to challenge the order, if necessary from the final decree. 5. In a suit for partition after a : 3 : preliminary decree, if any, is passed the rights and extent of the shares, if any, of the parties have to be determined and adjudicated. It is not possible at this stage to determine the extent of the rights of any particular party in respect of the amounts ordered to be deposited. The trial Court has ordered the amounts to be invested. Needless to add that the same would abide by the result of the suit. 6. I am unable therefore to permit the parties to withdraw any amounts on an ad-hoc on account basis pending the suit. 7. In the circumstances the Appeal from Order and the Civil Application are dismissed.