1 30 fa.1718.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1718 OF 2011 IN FIRST APPEAL NO. 1205 OF 2009 Smt. Laxmi @ Bharati Mahadeo Patil and another. ... Applicants Versus Smt. Leelabai Mahadeo Patil and others. ... Respondents ­­­­­ Mr. M.M.Sathaye for the Applicants. Mr. Milind Deshmukh for Respondent No.1. ­­­­­ CORAM : A.S.OKA, J. DATE : 18 th August, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for Respondent No.1. 2 As far as prayer clauses (a) and (c) are concerned, the same cannot be granted. Even if the name of the Respondent No.1 is entered in the revenue record or any other official record, the same will be naturally subject to final outcome of the appeal. As the appeal has been admitted for final hearing, prayer clauses (b) and (d) will have to 2 30 fa.1718.11 be granted. 3 As far as prayer clause (e) is concerned, the amounts referred to therein will have to be brought before the Court and therefore, the appropriate directions will have to be issued. 4 Hence, the application is disposed of by passing the following order: i. Prayer clauses (a) and (c) are rejected ; ii. There will be interim relief in terms of prayer clauses (b) and (d) ; iii. The State Transport Bank Limited, Kolhapur is hereby directed to deposit in the Court of the Civil Judge (Senior Division) at Kolhapur the amounts pending in the account Nos.6475 and 1191226 in the name of the deceased – Mahadeo Pandurang Patil. The said Bank shall also deposit with the trial Court any amount pending with the said Bank on account of Rupee fund, leave salary encashment or any other 3 30 fa.1718.11 amounts payable to the Deceased Mahadeo Pandurang Patil. The deposits shall be made by the Bank within a period of four weeks from the date on which a certified copy of this order is tendered to the said Bank ; iv. The State Transport Bank Limited having branch at Kolhapur shall submit a report to this Court as regards amounts payable under the provident fund account of deceased – Mahadeo Pandurang Patil. Report containing necessary details of the provident fund account shall be filed in this Court within a period of six weeks from the date on which a certified copy of this order is produced before the said Bank ; v. The deceased was holding Life Insurance Policy Nos. 954126934, 69858913 and 945694055. On production of a certified copy of this order, the concerned Branch of the Life Insurance Corporation of India shall deposit in the Court of the Civil Judge (Senior Division) at Kolhapur all the amounts payable under the said policies. 4 30 fa.1718.11 The deposits shall be made within a period of four weeks from the date of production of a certified copy of this order ; vi. The Life Insurance Corporation of India and the State Transport Corporation Bank Limited shall act upon the certified copy of this Court ; vii. As and when the amounts are deposited, the trial Court shall invest the same in fixed deposit with any nationalized bank till the further orders ; viii. After the amounts are deposited, it will be open for the parties to apply to this Court seeking permission to withdraw the amounts ; and ix. After the report is submitted by the said Bank as regards provident fund account of the deceased – Mahadeo Pandurang Patil, it will be open for the parties to apply to this Court for seeking appropriate relief as regards the amounts payable towards provident funds. [ A.S.OKA, J ]