D. K. TRIVEDI, J. ( 1 ) HEARD Ms. Acharya, learned advocate for the applicant and Mr. Parikh, learned counsel for the respondent - original plaintiff. Ms. Acharya, learned advocate, has submitted that in view of the order passed by this court, the applicant Gujarat Electricity Board has deposited a sum of Rs. 02,91,000. 00 with the trial court. Mr. Parikh, learned counsel for the respondent, has submitted that since the amount is deposited, the respondent - original plaintiff be permitted to withdraw the said amount for which he will furnish security to the satisfaction of the trial court. It is also brought to our notice that the respondent - original plaintiff has filed suit against the appellant Gujarat Electricity Board before the court of the learned Civil Judge (S. D.), Rajkot at Dhoraji as heir of the deceased Mohanlal Dayabhai Borad, father of the plaintiff, claiming compensation of Rs. 1,00,000. 00 (Rupees one lakh ). The present suit was filed by the respondent as heir of deceased Harsukhbhai M. Borad who was the brother of the plaintiff who died due to electrocution on 15. 7. 1994 along with his father Shri Mohanlal Dayabhai Borad. As found from the judgement that the respondent plaintiff has filed suit against the Gujarat Electricity Board for the death of his brother as well as his father who died due to electrocution and so far as the suit filed in the present case for the death of his brother, he has admitted in evidence that he has not produced any evidence that after the death of his brother Harsukhbhai M. Borad, the wife of his brother Harsukhbhai M. Borad has remarried. Considering the submissions made before us and in the light of the observations made by the learned trial judge while decreeing the suit, we permit the respondent-original plaintiff to withdraw a sum of Rs. 25,000. 00 on furnishing security to the satisfaction of the trial court. After deducting the court fees, the trial court is directed to invest the balance amount in any nationalized bank in Fixed Deposit Receipt at least for a period of five years with cumulative effect with a further direction that in case, the Appeal is not disposed of by that time, the Fixed Deposit be renewed for a further period i. e. till the outcome of the main First Appeal. Civil Application is allowed in the above terms. Civil Application is allowed in the above terms. Rule is accordingly made absolute with no order as to costs. .