1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4256 OF 2009 Sk. Chand s/o Sk. Pir Mohd. Age: 37 years, Occ: Labourer, R/o. Sanjay Gandhi Nagar, Purna, Tal. Purna Dist.Parbhani, and others. .. Petitioners Versus The Union of India, through its Secretary, Ministry of Railway, New Delhi and another. .. Respondents ... Mr. P.C. Mayure, Advocate holding for Mr. S.G. Chapalgaonkar, Advocate for petitioners. Mr. P.G. Godhamgaonkar, Advocate for respondents. ... CORAM : K.K. TATED, J. DATE : 24TH SEPTEMBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioners and learned Counsel for the respondents. 2 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the order dated 11-05-2009 as well as order dated 15-06-2009 below Exhibit-5 passed by the District Judge, Parbhani in M.C.A. No. 23/2009. 3. The petitioners - original appellants preferred M.C.A. No. 23/2009 in the Court of the District Judge, Parbhani under Section 9 of the Public Premises (Eviction of Unauthorized Occupants ) Act 1971 against the order dated 23-04-2009 passed by the Estate Officer, Division Railway Manager, Airport Road, Sangvi Naka, Nanded under Section 5(1) of Public Premises (Eviction of Unauthorized Occupants) Act, 1971. In the said appeal, the petitioners preferred application for interim stay on 08-05-2009. On the said application, the Principal District Judge, Parbhani passed order on 11-05-2009 directing the petitioners to deposit sum of Rs.5000/- each towards security. 3 As per said order, the petitioners failed to deposit the said amount and therefore, they preferred application for recalling order dated 11-05-2009. Said application came to be dismissed by the Principal District Judge, Parbhani by order 15-06-2009 on the ground that as per specific condition imposed in order dated 11-05-2009, the petitioners failed to deposit sum of Rs.5000/- each and same cannot be modified because it amounts to taking review of the order. 4. Now, learned Counsel appearing on behalf of the petitioners filed pursis dated 24-09-2009 stating that each petitioner is ready to deposit sum of Rs.5000/- as per order dated 11-05-2009 passed by the Principal District Judge, Parbhani in District Court, Parbhani within 15 days from today. Said pursis is taken on record and marked as "X" for identification. Considering the facts and circumstances in the present case, time extended to deposit sum of Rs.5000/- each 4 to the petitioners, as per order dated 11-05-2009 passed by the Principal District Judge, Parbhani by 15 days from today. 5. Stay is extended by 15 days for the petitioners to deposit the amount in the trial Court. 6. With this direction, Writ Petition is disposed of. . Parties to act on authenticated copy of this order. [ K.K. TATED, J.] sut/SEP09/wp4256.09