1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9262 OF 2010 Hanmantappa s/o. Gurubasappa Aurade ....Petitioner. Versus The State of Mharashtra & Ors. ....Respondents. Mrs. Surekha G. Chincholkar, Advocate for petitioner. Mr. V.G. Shelke, A.G.P. for respondent No. 1. Mr. A. S.Shivpuje, Advocate for respondent Nos. 2 and 3. CORAM : A.A.SAYED, J. DATED : 16th December, 2010. PER COURT : 1. This petition questions the order dated 22.7.2010 passed by the Civil Judge, Senior Division, Kandhar, whereby the application of the applicants therein viz: Hanumantappa, Gangabai and Mahanandabai, to withdraw the amount of Rs. 7,19,754/- deposited in the Trial Court, by the State of Maharashtra in respect of acquisition proceedings, came to be rejected and the applicants were directed to approach this Court to seek necessary directions in that regard. 2. The aforesaid three applicants are the heirs of one Gurubasappa, 2 who died on 21.5.2010. The said Gurubasappa had made an application for withdrawal of Rs. 4,00,000/- pursuant to the order passed by this Court dated 25.2.2010 in the Civil Application filed in First Appeal No. 1238/2009. By that order dated 25.2.2010, this Court had directed that Gurubasappa be paid the sum of Rs. 4,00,000/- and the balance amount was directed to be invested in Nationalized Bank for the period of three years. It was further directed that if the appellant (Sheshabai, who was claiming a share in the compensation) in the First Appeal does not take any action up to 17th June 2010, Gurubasappa who was the respondent therein, shall be entitled to receive the balance amount which was required to be deposited in the Nationalized Bank with accrued interest. 3. Since the said Gurubasappa expired thereafter on 21.5.2010, the applicants i.e. Hanumantappa, Gangabai and Mahanandabai being the legal heirs of deceased Gurubasappa filed the application before the Trial Court for withdrawal of the amount of Rs. 7,19,754/-, which came to be rejected by the impugned order, as indicated hereinabove. 4. The above petition has been filed by Hanumantappa for setting aside the aforesaid impugned order dated 22/7/2010 and it is prayed that the application being Misc. Application No. RJE No. 17/2006 of the petitioner and respondent Nos. 2 and 3 dated 17.7.2010 which was filed before the learned Civil Judge, Senior Division, Kandhar, District Nanded to pay them the compensation amount of Rs. 7,19,754/- alongwith 3 accrued interest, may be allowed. Gangabai and Manandabai are arrayed as respondent Nos. 2 and 3 to this petition. 5. The learned counsel for the respondent Nos. 2 and 3 i.e. Gangabai and Mahanandabai states that the respondent Nos. 2 and 3 are real sisters of the petitioner and are supporting his case and they have no objection to the petitioner withdrawing the said amount of Rs. 7,19,754/- with accrued interest. An affidavit on the aforesaid lines has also been filed by the respondent Nos. 2 and 3. 6. The learned counsel for the petitioner states that the appellant (Sheshabai) in the First Appeal No. 1238/2009 has not filed any proceedings up to 17th June 2010 as stated in para 6-B of the order of this Court dated 25/2/2010. She further states that even till date no such proceedings have been filed by the said Sheshabai. In the circumstances, the learned counsel states that the petitioners are entitled to withdraw the entire amount in terms of operative part of para 6 of the order dated 25.2.2010. 7. I have perused the impugned order and the order dated 25.2.2010 of this Court. In view of the order dated 25.02.2010 of this Court, I do not find any impediment in the way of the petitioner in withdrawing the said amount deposited in the Trial Court. 4 8. In the circumstances, the impugned order is quashed and set aside and the petitioner is allowed to withdraw the sum of Rs. 7,19,754/- deposited by the State of Maharashtra in the Trial Court along with accrued interest, subject to the condition that the petitioner shall file an Undertaking before this Court on or before 10th January 2011 that in the event any orders are passed by any Court, the petitioner shall bring back the said amount alongwith interest as and when directed by the said Court. 9. Writ Petition is disposed of in the aforesaid terms. No order as to costs. [ A. A. SAYED, J. ] ssc/wp9262.10