1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 28 OF 2008 CIVIL APPLICATION NO. 28 OF 2008 CIVIL APPLICATION NO. 28 OF 2008 IN SECOND APPEAL NO. 16 OF 2008 SECOND APPEAL NO. 16 OF 2008 SECOND APPEAL NO. 16 OF 2008 P. Venku Reddy ... Applicant (Orig. Respdt.No.3) Vs. Ananda Patulu Mane ... Respondent (Orig. Appellant) Mr. Yogendra M. Pendse, Advocate, for the applicant. Mr. S.D.Thokade, Advocate for the respondent. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE : 20th August, 2008. DATE : 20th August, 2008. DATE : 20th August, 2008. P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. 2. The Second Appeal is admitted. 3. The learned Counsel for the applicant makes a 2 statement that an amount of Rs.6,00,000/- deposited by the applicant with the Executive Engineer, Ujjani Right Bank Canal, Sub-Division, Division-7, Pandharpur, who is the defendant No.2 in the suit is lying with him and it may be sufficient to compensate the plaintiff in case the present appellant fails in the appeal. In view of this statement, interim relief in terms of prayer clause (a). If the amount is still lying with the concerned Executive Engineer, the same shall not be released pending the appeal. 4. It is made clear that in case it is found that the security deposit is not lying with the concerned Executive Engineer, the plaintiff/respondent shall be at liberty to move this Court to modify this order. Application stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)