-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1704 OF 2007 APPLICATION NO.1704 OF 2007 APPLICATION NO.1704 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.944 OF 2007 APPEAL NO.944 OF 2007 APPEAL NO.944 OF 2007 The Executive Engineer & Ors. ...Applicants vs. Eknath Maruti Mane & Ors. ...Respondents Ms Neeta Karnik for the Applicants Mr.Vinod Jadhav for the Respondent No.1 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 23,2008 : JANUARY 23,2008 : JANUARY 23,2008 P.C.: P.C.: P.C.: 1. Rule. The Advocate for the first Respondent waives service. Service of notice to the second Respondent is not necessary. In the Second Appeal, the challenge is to a money decree. Considering the facts and circumstances of the case, the Applicants will have to deposit the decretal amount with the trial court. Permission will have to be granted to the first Respondent to withdraw the amount on furnishing adequate security. 2. Hence, Civil Application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (a-i) of the Application subject to the Applicants depositing entire decretal amount as of today with the trial court within a period of six weeks from today. If the amount is not deposited, interim relief will stand -2- vacated without further reference to the court. ii) If the amount is deposited, the trial court will permit the first Respondent to withdraw the said amount on furnishing adequate security. The Applicants will be heard before accepting the security. There will be no order as to costs. JUDGE JUDGE JUDGE