1 S.B. Civil Writ Petition No. 3027/2007 Fateh Lal vs Poonam Chand & Ors. Date of order : 4.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Madanlal Purohit, for the petitioner. Mr.RS Mankad ] Mr.BS Charan ], for the respondents. <><><> Heard learned counsel for the parties. The petitioner failed to deposit the amount within the time as ordered by this Court on 10th July, 2007 in S.B.Civil Second Appeal No.3027/2007. According to learned counsel for the petitioner, the petitioner could have deposited the cost of Rs.3,000/- in the trial court on next date of hearing fixed by the trial court i.e.,27th Sept., 2007, but on that day, the petitioner could not deposit the amount but just two days' after he submitted an application and requested the court to permit the petitioner to deposit the cost, but that application was decided after few days. The petitioner sought extension of time. It is true that in order dated 10th July, 2007 the time was fixed for depositing the amount and this Court also observed that in case, the petitioner failed to pay or deposit the cost obviously within 2 time, the writ petition itself shall be treated as dismissed without reference to the court. Since the petitioner is seeking extension of time as granted by order dated 10th July, 2007 and in case time is extended the writ petition cannot stands dismiss because of non-depositing of the amount. In the facts of this case there appears to be bonafide reason for not depositing the amount in time and there is delay of only two days. In view of the above, the application is allowed and the time is extended to the period by which the petitioner had deposited the cost amount. Learned counsel for the respondent submitted that in view of the above order, nothing survives in the present writ petition, therefore, the writ petition itself may be disposed of and the written statement filed by the defendant-petitioner may be treated to be on record. In view of the above, the writ petition of the petitioner is disposed of and the written statement filed by the petitioner shall be taken on record by the trial court. (PRAKASH TATIA), J. c.p.goyal/-