pvr al559-nm2551-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2551 OF 2011 IN APPEAL (lodg) NO.559 OF 2011 IN SUMMARY SUIT NO.1277 OF 2000 Smt.Bhavana Praful Kamdar. ...Appellant vs. Smt.Sarla P.Sata. ...Respondent --- Mr.Mandar V.Limaye, for Appellant. Mr.Viral D.Shukla i/b. Shukla & Associates, for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 29th November,2011. P.C.:- 1. Heard. By consent, notice of motion is granted in terms of prayer clause (a). (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.) pvr al559-nm2551-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (lodg) NO.559 OF 2011 IN SUMMARY SUIT NO.1277 OF 2000 Smt.Bhavana Praful Kamdar. ...Appellant vs. Smt.Sarla P.Sata. ...Respondent --- Mr.Mandar V.Limaye, for Appellant. Mr.Viral D.Shukla i/b. Shukla & Associates, for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 29th November,2011. P.C.:- Admit. Heard finally by consent of parties. By consent, the appeal is disposed of in the following terms:- 1. On the appellant depositing in this Court, with due intimation to the plaintiff, the pvr al559-nm2551-11 - 2 - decreetal amount within a period of four weeks from today, the order impugned in the appeal shall stand set aside and summary Suit no.1277 of 2000 shall stand remitted back to the learned Single Judge for trial and decision in accordance with law. The Trial Court may permit the appellant-defendant to cross examine the witnesses examined by the plaintiff and may also permit the appellant-defendant to lead his own oral and documentary evidence. 2. The Prothonotary & Senior Master of this Court shall permit the plaintiff-respondent to withdraw the amount which is to be deposited by the appellant on furnishing an undertaking to the Court undertaking therein to bring back the amount if so directed by the learned Single Judge at the final disposal of the suit and on such terms and conditions as may be directed by the learned Single Judge and giving bank guarantee of pvr al559-nm2551-11 - 3 - a nationalised bank to the satisfaction of the Prothonotary & Sr. Master of this Court. 3. The withdrawal shall be permitted within a period of Eight weeks from the date of deposit. If the amount is not withdrawn within that time, it will be invested in fixed deposit in a nationalised bank to the credit of Suit no.1277 of 2000. At the final disposal of the suit, the learned Single Judge will make an appropriate order in relation to the disposal of the amount. In case the appellant does not deposit the amount within the aforesaid period, the present appeal shall be treated as dismissed. 4. Considering the health of the original plaintiff, the learned Single Judge is requested to hear and dispose of the suit at an early date. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)