-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.21 OF 2008 APPLICATION NO.21 OF 2008 APPLICATION NO.21 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.1737 OF 2007 APPEAL NO.1737 OF 2007 APPEAL NO.1737 OF 2007 Siddhappa Shivshankar Karjagi (since deceased through L.Rs.) ...Applicants vs. Vasudev Vaikuntha Holla & Anr. ...Respondents Mr.R.S.Alange for the Applicants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 8,2008. : JANUARY 8,2008. : JANUARY 8,2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant. None appears for the Respondents. Perused the impugned Judgment and order. 2. Considering the facts and circumstances of the case, Civil Application is disposed of by passing the following order : i) The learned Commissioner will permit the first Applicant to withdraw a sum of Rs.30,000/- without any security and further amount of Rs.50,000/- on furnishing adequate security. ii) The learned Commissioner will invest the balance amount deposited by the Respondents in fixed deposit in any nationalised bank and the fixed deposit shall be renewed from time to time till the final disposal of the Appeal. iii) The Applicant Nos.2 to 4 will be entitled to withdraw 50% of the interest accrued on the fixed deposit. iv) It is made clear that withdrawal of the amount by the Applicants will be subject to final outcome of the Appeal. -2- JUDGE JUDGE JUDGE