ASN 1 Appeal-782.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.782 OF 2010 IN SUIT NO.3174 OF 2006 Ganesh A. Puranik. ..Appellant. Vs. Mohanlal B. Solanki. ..Respondent. Ms. Prabha Badadare ,Advocate for the Appellant. Appellant present in person. Mr. S.K.Jain, Advocate for the Respondent. CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J. WEDNESDAY, NOVEMBER 24, 2010. PC : The learned counsel appearing for the parties under instructions of their respective clients state that the parties have settled the matter to the effect that the decree passed by the Trial Court in Suit No.3174 of 2006 be modified to the extent that the appellant-defendant shall liable to pay the respondent-plaintiff a sum of Rs.1,30,000/-. 2 The learned counsel for the appellant-defendant states under instructions of his client, who is present before the court that the appellant-defendant is agreeable to pay the aforesaid amount and that the respondent-plaintiff may be permitted to withdraw a sum of Rs. 1,30,000/- from out of the amount already deposited by the appellant- defendant in the execution proceeding. ASN 2 Appeal-782.sxw 3 The learned counsel for the respondent-plaintiff states that the respondent-plaintiff is ready to accept the amount of Rs.1,30,000/- in full and final settlement of his claim in Suit No.3174 of 2006 and that the appellant-defendant may be permitted to withdraw the remaining amount of Rs.35,000/- deposited in the execution proceedings. 4 In view of the above concession, we partly allow this appeal and modify the decree passed in Suit No.3174 of 2006 to the extent that the appellant-defendant is liable to pay the respondent-plaintiff a sum of Rs.1,30,000/- inclusive of principal amount and amount of interest till the date of deposit of Rs.1,65,000/- by the appellant-defendant in the execution proceedings. Accordingly, the respondent-plaintiff will be at liberty to withdraw an amount of Rs.1,30,000/- out of the aforesaid amount deposited by the appellant-defendant and the appellant-defendant shall be at liberty to withdraw the balance amount of Rs.35,000/- deposited in the execution proceedings. 5 Appeal is accordingly disposed of in the above terms. 6 Parties to act on the ordinary copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE S.J. KATHAWALLA, J.