FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4265 OF 2008 ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ This petition is directed against the order dated 18.6.2008 passed by the Ad hoc Additional District Judge-1, Kandhar, District Nanded below Exh.5 in R.C.A. No. 59 of 2007. 2 It is not necessary to go into the details of the facts. The petition is filed being aggrieved by the order dated 18th June, 2008 by which the petitioners were directed to deposit Rs.1000/- per month instead of Rs.2000/- per month till disposal of the appeal and further it was observed that the respondent – plaintiff is entitled to withdraw the amount deposited on condition of furnishing security. 3 Notices were issued in this matter and the impugned order was stayed by this Court. Therefore, it is an admitted position that in pursuance of the order dated 18th June, 2008, no amount is deposited. 4 The learned Counsel for the petitioners submitted that the impugned order is not sustainable. The learned Counsel for the respondent has conceded that the respondent has no objection if the impugned order is set aside. According to the learned Counsel since the appeal is pending, he has instructions from his client not to invite any order on merits. Therefore, according to him, if the impugned order is set aside, then he has no objection. 5 After hearing the learned Counsel for the petitioners and the respondent, the impugned order dated 18.6.2008 passed by the Ad hoc Additional District Judge-1, Kandhar, District Nanded below Exh.5 in R.C.A. No.59 of 2007 directing the petitioners to deposit Rs.1000/- per month is quashed and set aside. The petition is allowed in terms of prayer clause (B) and disposed of. (S.S. SHINDE, J). 18.08.2009. PLK/#