APP.890/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 890 OF 2010 IN NOTICE OF MOTION NO. 1831 OF 2010 IN SUIT NO. 3894 OF 1994 WITH NOTICE OF MOTION NO. 2241 OF 2010 IN APPEAL NO. 890 OF 2010 Chandrabhooshan Shyamnarayan Dube ..Appellant. Vs. Amritlal Bechanram Dube ...Respondent. ---- Mr. Anil Singh i/b K.K. Pandey, for the Appellant.. Mr. R.S. Upadhyay, for Respondent.. --- CORAM : MOHIT S. SHAH, C.J. AND S.C. DHARMADHIKARI, J. DATE : 18th AUGUST, 2010. P.C. 1] In view of the consent arrived at between the parties, we propose to disposed of the appeal itself. 2] Respondent-orig. plaintiff has filed the suit for specific performance of an agreement and in the alternative for recovery of 1 APP.890/2010 Rs.90,000/- with interest @ 24% per annum thereon. The suit came to be decreed exparte, and the plaintiff also got execution of the decree transferred to Juanpur, U.P. 3] Appellant-defendant moved the learned Single Judge for setting aside the exparte decree. In the present appeal, the appellant-orig.defendant challenges the order dated 30.7.2010 passed in Notice of Motion by the Learned Single Judge. By the said order, the learned Single Judge directed that if the defendant pays Rs.90,000/- with interest as per the decree in the suit to the plaintiff or deposits the amount in this Court or in the executing court under notice to the plaintiff, plaintiff shall not take possession of the defendant’s property in Junapur, U.P. 4] Learned counsel for the appellant-defendant states that without prejudice to their rights and contentions, a sum of Rs. 1,50,000/ shall be deposited with the Registrar, Original Side within four weeks from today. 5] In view of the statement made by the learned counsel for the appellant-defendant, we dispose of this appeal and direct that if appellant-defendant deposits Rs.1,50,000/- with the Registrar, Original Side, within four weeks from today, the exparte 2 APP.890/2010 decree passed on 1.9.2003 in suit no.3849 of 1994 shall be set aside. The Trial Court, after permitting the defendant to file written statement within four weeks from the date of deposit of the aforesaid amount, shall proceed to try the suit in accordance with law. In case the appellant fails to deposit the aforesaid amount within the stipulated time, appeal stands dismissed. If the amount is deposited, the notice of motion filed before the Trial Court stands allowed in the aforesaid terms. 6] With the above terms, the appeal stands disposed of. CHIEF JUSTICE S.C. DHARMADHIKARI, J. 3