*1* lpa.167.10 kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.167/2010 IN WRIT PETITION NO.925/2010 WITH CIVIL APPLICATION NO.211/2010 Hanumanta Timma Pujari (since deceased) through L.Rs. and others. ..Appellants -Versus- Narhari Balku Kawade (since deceased) through L.Rs. and others. ..Respondents .... Mr.Atul P. Vanarse, for the Appellants. Mr.Mandar Limaye and Mr.Mahendra Agavekar for the Respondents No.3 to 5 and 9. .... CORAM : MOHIT S. SHAH, CJ & S.C.DHARMADHIKARI, J. Date : 26th July, 2010. P.C. 1 This appeal is directed against the judgment dated 23rd March, 2010 passed by the learned Single Judge rejecting the Appellants’ writ petition under Article 227 of the Constitution of India which is directed against the order of the Civil Court in execution proceedings. *2* lpa.167.10 2 The learned counsel for the Respondents submits that the appeal is not maintainable and that the Respondents are agreeable to reduce the compensatory costs from Rs.25,000/- to Rs.15,000/-. 3 Having heard the learned counsel for the parties, we dismiss the appeal as not maintainable but while doing so, we record the statement made by the learned counsel for the Respondents that the Respondents are agreeable to have the compensatory costs reduced from Rs.25,000/- to Rs.15,000/-. 4 In view of the above statement made on behalf of the Respondents, we dismiss this appeal and direct the Appellants that they shall deposit the amount of costs of Rs.15,000/-. It is clarified that since the amount of Rs.15,000/- is to be paid to the Respondents, there is no question of paying any amount to the Maharashtra State Legal Services Authority. 5 Appeal is, accordingly, dismissed. In view of dismissal of the appeal, Civil Application does not survive and the same is also dismissed. CHIEF JUSTICE S.C.DHARMADHIKARI, J.