wp8457.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8457 OF 2010 Dayanand Vishwanathappa Halkude ...Petitioner Versus Mahananda Waman Wadkar and others ...Respondents ..... Mr. V.S. Bedre, advocate for the petitioner Mr. A. V. Patil, advocate for respondent Nos.1 to 6 ..... CORAM: S. S. SHINDE, J. DATED: 9TH DECEMBER, 2010 PER COURT:- 1 Heard counsel for the parties. 2 Upon perusal of compilation of writ petition and more particularly Exh G of the same, it appears that this court in para 9 of order dated 19.3.2009, passed in writ petition No. 343 of 2009, observed thus:- "9. In the result, judgment and decree passed by the Joint Civil Judge, Junior Division, Latur on 27.12.2000 in Regular Civil Suit No. 217 of 1984 shall remain stayed until disposal of Regular Civil Appeal No. 82 of 2001 pending before the District Court at Latur. Petitioner herein shall deposit an amount of Rs.10,000/- wp8457.10 -2- (Rupees Ten thousand) before the first appellate court as condition precedent for grant of stay, within a period of four weeks from today. Respondents No. 1 to 6 herein - original plaintiffs are permitted to withdraw the amount on making deposit by the petitioner before the first appellate court. In the event of failure on the part of the petitioner to deposit the amount, as directed, order passed today in this petition, shall be deemed to have been revoked. The first appellate court shall proceed to decide the appeal, as expeditiously as possible, preferably within six months from today." 3 It is an admitted position that the amount, as directed by this court, has not been deposited by the petitioner within stipulated time. As a result, the impugned order came to be passed thereby vacating the stay granted in favour of the petitioner. Hence, this petition. 4 This matter was listed for hearing on 20.9.2010. This court had issued notices to the respondents making returnable on 4.10.2010 and the parties were directed to maintain status quo. Thereafter the matter was listed from time to time and lastly on 1.12.2010 this Court directed the petitioner to deposit an amount of Rs.25,000/- in the registry of this Court. Accordingly, the amount is deposited. 5 Upon hearing learned counsel for the petitioner and learned wp8457.10 -3- counsel for respondent No. 1 to 6, writ petition is allowed in terms of prayer clause "A'. Respondent Nos. 1 to 6 are permitted to withdraw the amount of Rs.25,000/- deposited in this Court. As assured by learned counsel for the petitioner herein, who are appellant, will make every possible efforts to serve respondents therein and will not seek unnecessarily adjournment in the appeal. Both the sides are agreed that hearing of the appeal can be directed to be concluded within four months from today and they will co-operate in early disposal of appeal. Needless to mention that Ad-hoc District Judge, Latur who is seized with the Regular Civil Appeal No. 82 of 2001 will not grant unnecessary adjournments unless the case is made out for adjournment on some important ground and dispose of the appeal within a period of four months from the date of receipt of copy of this order. 6 With this observations, writ petition stands disposed of. ( S. S. SHINDE. J.) rlj/