1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1774 OF 2010 in F.A.1243/2003 Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders Mr. H.V. Tungar, Advocate, holding for Mr. C.R. Deshpande, Advocate for the applicant Mr. A.N. Gaddime, Advocate for the respondent. CORAM : K.U. CHANDIWAL,J. DATE : 5th April, 2010. PER COURT : 1. Heard. 2. The application is moved by the original plaintiff for transmitting the amount of Rs. 32,000/- from this court to the Court of Civil Judge, Senior Division, Latur, for payment to the applicants/plaintiffs. 3. The plaintiffs moved Special Civil Suit No. 93/2000, before the learned Civil Judge (Senior Division) for partition and separate possession against the original defendant. It was partly decree. The plaintiffs were declared entitled for 1/3rd share in the agricultural filed and house 2 property. It was also directed to the original defendant to pay Rs. 50,000/- to the original plaintiff No.1 towards the expenses of her marriage. 4. A first appeal is moved before this court, which is pending. By order dated 9.6.2004, this court directed stay to the execution of the decree so far as it relates to possession, on appellant's depositing an amount of Rs. 8,000/- per year in the month of January, till the disposal of the appeal. 5. The execution of the money decree was also stayed on depositing Rs.10,000/- within a period of two months. It is accepted position, by virtue of the order dated 9.6.2004, the regular yearly deposits are effected by the defendants ( appellant in this court). The plaintiff submits that they have moved the application for want of money. 6. Considering the nature of the controversy and since there is no source of income to the plaintiff Smt. Shobha w/o. Vishwanath Balwad, the amount deposited, which is now Rs.32,000/- needs to be paid to the original plaintiffs and particularly, to the applicant No.2, Smt. Shobha Vishwanath Balwad. Hence, order. 3 7. The Registrar shall ensure to transfer the amount of Rs.32,000/- deposited in this First Appeal, to the learned Civil Judge Senior Division, Latur, in Special Civil Suit NO. 93/2000. On such deposit, the learned Civil Judge (Senior Division) shall allow the original plaintiff and particularly, Smt. Shobha Vishwanath Balwad, to receive the amount, however, with security. 8. Application is allowed. [K.U. CHANDIWAL,J] GRT/-