1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 120 OF 2009 WITH CIVIL APPLICATION NO.10177 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. Suhas P. Urgunde, Advocate for appellant. Mr. S. K. Iqbal holding for Mr. A. N. Ansari, Advocate for respondent. ...... [ CORAM : K.U.CHANDIWAL, J. ] DATE : 13th January, 2010. PER COURT : 1. Affidavit in reply with annexures is tendered by Mr.Shaikh Iqbal, the learned Counsel for the respondent and same is received by the Counsel for the appellant. 2. Heard both the Counsel extensively. The short point involved is the learned III Jt. Civil Judge, Senior Division, Latur, by an order dated 30th June, 2009, while confirming the injunction below Exhibit-5 2 in favour of the plaintiff directed the plaintiff to deposit Rs.15,00,000/- in the Court within one month. This is in the light of Exhibit-20, the reply filed by the plaintiff/respondent having made remittance of of Rs.14,61,500/- on 22.08.2007 in presence of Sub-Registrar and witnesses. 3. According to the learned Counsel for the appellant/original plaintiff, the sale deed demonstrate such amount is Rs. 10,03,000/- which factual details about the recital are not disputed by Mr.Shaikh. 4. In the light of this situation, though the said amount said to have been deposited/paid to the plaintiff on 22.08.2007, the direction of payment of Rs. 15,00,000/- within a period of one month needs modification, hence the following order. a) The appeal is partly allowed. b) The plaintiff/appellant herein shall deposit Rs.10,03,000/- (Rs.Ten Lac Three thousand) before the learned III Jt. Civil Judge, Senior Division, Latur within 30 3 days from today. Upon such deposit, the learned Judge will invest the same in the Nationalised Bank. The other terms of order is remained unaltered. The appeal is allowed and the civil application no. 10177/2009 is disposed of accordingly. [K.U.CHANDIWAL ] JUDGE gas/ao.120.09