IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4093 OF 2008 IN FIRST APPEAL NO.641 OF 2008 Eknath Nagu Dhumal ...Applicant V/s. Ram Shamaji Karadi (Patil) & Ors. ...Respondents Mr.Rajesh More, Advocate, for the Applicant. . Mr.Amol P. Mhatre, Advocate, for the Respondents. WITH CIVIL APPLICATION NO.1713 OF 2008 IN FIRST APPEAL NO.641 OF 2008 Ram Shamji Karadi (Patil) & Ors. ...Applicants V/s. Eknath Nagu Dhumar ...Respondent Mr.Amol P. Mhatre, Advocate, for the Applicants. Mr.Rajesh More, Advocate, for the Respondent. CORAM : D.G. KARNIK, J DATED : 8TH OCTOBER, 2008 P.C.: 1. Heard. 2. The dispute between the parties relates to the entitlement to the enhanced compensation awarded by the reference court. The respondent no.1, who was the original plaintiff, has been held to be entitled to the amount of compensation by the trial court. That is disputed by the appellants, who claim to be entitled to the amount of compensation. 3. The First Appeal against the Judgement of the Trial Court has already been admitted. In the circumstances, it would not be appropriate to permit any of the parties to withdraw the said amount. The very issue of entitlement to the amount is required to be adjudicated in the First Appeal. In the circumstances, it would also not be proper that the amount of compensation deposited in the reference court be kept lying with the reference court but the sum can be invested in a nationalized bank. Accordingly, I pass the following order :- "O R D E R" "The amount of enhanced compensation deposited in the refernce court be invested in the State Bank of India or any other nationalized bank initially for a period of 13 months to be renewed from time to time till the disposal of the First Appeal. This order would not govern the amount, if any, already withdrawn by the parties. Civil Application is disposed of." (D.G. KARNIK, J)