-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 FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET FIRST FIRST FIRST APPEAL NO.1357 OF 2005 APPEAL NO.1357 OF 2005 APPEAL NO.1357 OF 2005 FIRST FIRST FIRST APPEAL NO.1358 OF 2005 APPEAL NO.1358 OF 2005 APPEAL NO.1358 OF 2005 FIRST FIRST FIRST APPEAL NO.1359 OF 2005 APPEAL NO.1359 OF 2005 APPEAL NO.1359 OF 2005 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.M.D.Angal for the Appellant Mr.A.R.Shaikh for Respondent No.1 Mr.Javeed Hussain for Respondent No.2. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : MARCH 8,2007. : MARCH 8,2007. : MARCH 8,2007. P.C.: P.C.: P.C.: 1. Admit. Respondent Nos.1 and 2 waive service. Printing is dispensed with. 2. Private Paperbook along with Decree Form shall be filed by the Appellant within a period of one year from today. If compliance is not made within stipulated time, the Appeal shall stand dismissed for want of prosecution without further reference to the court. 3. Impugned Decree has been passed in a summary suit. There is nothing in the Memorandum of Appeal which makes out a -2- case for dispensing with requirements stipulated under sub rule 3 of Rule 1 of Order XLI of the Code of Civil Procedure,1908. Therefore, the Appellant will have to deposit the decretal amount as per the impugned Decree with the Trial Court within a period of two months from today. Accordingly, the Appellant is directed to deposit entire decretal amount within a period of two months from today with the trial Court. If the amount is deposited, the Trial court will permit the original Plaintiff to withdraw the said amount subject to furnishing adequate security for the said amount. JUDGE JUDGE JUDGE