1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3889 OF 2010. Shrikant Dattatraya Hambir -: VERSUS :- Sau. Kamlabai Gulabrao Katkade and others. with WRIT PETITION NO. 3895 OF 2010. Shrikant Dattatraya Hambir -: VERSUS :- Sau. Ratnaprabha Murlidhar Chandge and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 06, 2010. Heard Shri V.D. Awchat, learned Counsel for petitioner and Shri C.S. Kaptan, learned Counsel for respondents. By consent of parties, Rule is made returnable forthwith in both the matters. Special Civil Suit No.25/2006 filed by the petitioner has been dismissed in default for not paying costs of Rs. 2000/-. The respondents moved application pointing out non compliance, and on 05.08.2010 the impugned order has been passed. According to Shri Awchat, learned Counsel for petitioner in earlier round of litigation the matter went up to Hon'ble Apex Court and before the Hon'ble Apex Court the matter was expedited and because of those orders the petitioners 2 and their Counsel earnestly felt that the order of costs passed earlier is wiped out. Under that impression, the amount of costs was not paid. Learned Counsel further states that without going into the merits of the controversy, the petitioner is ready and willing to pay the amount of costs and such additional costs as this Court may impose. Shri Kaptan, learned Counsel for respondents has stated that the trial Court has rightly applied its mind and found impression [alleged] of petitioner erroneous. He states that the application under Order 39 Rule 11 of Code of Civil Procedure was filed and even after filing of that application, there were no efforts made to pay the amount of costs. After hearing both the learned Counsel, I find that the suit as filed was for cancellation of the sale deed and for perpetual injunction. The matter traveled right up to Hon'ble Apex Court and then the Hon'ble Apex Court on 26.04.2010 noted the agreement between the parties that instead of deciding the controversy then involved, suit itself be decided expeditiously and till then status quo in regard to possession may be maintained. It therefore, appears that parties before the Hon'ble Apex Court agreed for adjudication of the suit on merits. The orders earlier passed demonstrate that to 14 respondents, plaintiff/petitioner was directed to pay costs of Rs. 2000/- and that amount was not paid. From the orders of Hon'ble Apex Court it appears that the petitioner/ plaintiff got wrong impression. However, it is not necessary for this Court to express any opinion 3 finally in view of the readiness and willingness expressed by the petitioner / plaintiff. Hence, subject to petitioner/plaintiff paying costs of Rs. 2000/- to all the respondents in both the writ petitions as already ordered, by 04.10.2010 before the trial Court and additional costs of Rs. 3000/- in both the matters, also to be paid by said date, the impugned order is quashed and set aside. Thus if the petitioner/ plaintiff deposits total costs of Rs. 10,000/- with the trial Court by 04.10.2010, the proceedings in Special Civil Suit No.25/2006 shall stand restored. The trial Court shall note that the proceedings are already expedited by the Hon'ble Apex Court and shall proceed to decide the matter accordingly. Parties are directed to appear before the trial Court in Special Civil Suit No.25/2006 on 04.10.2010. Subject to above the orders impugned are quashed and set aside Writ Petitions are accordingly allowed. Rule is made absolute in the aforesaid terms in both the matters. JUDGE Rgd.