1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 25 OF 2010 AGAINST WRIT PETITION NO. 6992 OF 2009 Mohammed Shafi Abdul Karim ........Applicant versus Abdul Gani Nababsahed Wadwan & ors. ........Respondent. Ms. A.N.Maniyar adv. for the Applicant. Mr. I.M. Khairdi adv. for the Respondent no.1. Mr. A.S. Kulkarni for respondent nos.2 and 3. CORAM: J. N. PATEL Acting. C.J. AND B. R. GAVAI, J. DATED : 8th February, 2010. P.C.: 1. The learned counsel appearing for the appellant states that the appellant is ready to deposit an amount of Rs. 50,000/- as directed by the learned Member of the Appellate Tribunal by order dated 29-7-2009, which were challenged before the learned Single Judge, and submitted that the court may grant sometime to deposit the amount in the Co-operative Court. The learned counsel appearing for the respondent submits that the court may pass appropriate orders. 2 2. We find that the appellant has impugned the order passed by the learned Single Judge who by way of interim order directed the appellant/petitioner to deposit the entire amount with interest in this court, as per the judgment and order dated 3-6-2009 passed by the Co-operative Court Solapur in Co-op. Dispute No. 869/2000. We think that it is not proper on the part of the learned Single Judge who had directed the appellant/petitioner to deposit the amount at the ad-interim stage. 3. The learned counsel appearing for the appellant/original petitioner submits that as the appellant is ready to deposit the amount as directed by the appellate tribunal, he may be permitted to withdraw his petition. Permission granted. Writ petition is therefore dismissed as withdrawn. 4. We therefore dispose of this appeal with a direction to the appellant/original petitioner to deposit a sum of Rs. 50,000/- in the Co-op. Court Solapur in Co-op. Dispute No.869/2000 on or before 30-4-2010. In case the appellant fails to deposit the amount as directed on the statement of the learned counsel appearing for the appellant, the Co-op Tribunal is at liberty to proceed further in the matter. Appeal stands disposed of accordingly. 5. In case the amount is deposited, the appellant would be entitled to prosecute his appeal and on the other hand the respondent is entitled to withdraw the amount under the award on 3 furnishing security to the satisfaction of the Co-op. Court. (Acting. C. J.) (B.R. Gavai, J.)