1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 4851/2007 (Smt. Sukhiabai wd/o late Onkar Bansod vs. Smt. Kundaben w/o Panchmatia) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: B.R. GAVAI , J. DATED: 05th February, 2008. *** Heard Mr. A.Kumar, learned counsel for petitioner and Mr. P.S.Khubalkar, for Respondent. 2. For the reasons stated while allowing Writ Petition No. 4846/2007 ( Kothari Vividh vs. Uddhao Jamdade), the present Petition is allowed. The application of the petitioner for treating his reply to an application under O.39 R.1 and 2 as written statement, is allowed, subject to payment of costs which are quantified at Rs. 10,000. It is submitted that in pursuance to the order of this Court dated 28th November 2007, the petitioner has already deposited an amount of Rs.5,000/- in this Court. The Respondent/Plaintiff is permitted to withdraw the said costs. In addition to that, the petitioner shall deposit an amount of Rs. 5,000/- within a period of 2 three week from today in the trial Court. The deposit of Rs. 5,000/- will be the condition precedent for allowing the present petition. On deposit of such costs, the respondent /plaintiff would be permitted to withdraw the same. It is needless to state that on failure to deposit the aforesaid amount, the petition shall stand automatically dismissed. JUDGE sahare