1 479.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 479 OF 2011 Smt.Sugandha Haribhau Landge and others. ... Appellants. V/s. Sukhwani Construction. ... Respondent. S.A.Sawant with B.Deshmukh for the appellants. Y.S.Jahagirdar, Senior Advocate with R.S.Kohli for the respondent. CORAM: R.M.BORDE, J. DATED : 5th October 2011. P.C. : This appeal from order can be disposed of by directing the respondent- builder and developer to deposit certain amount in the Court as pre-condition for continuing with the development activities on the disputed property. 2. The main grievance of the plaintiff in the suit is that the consideration amount to the tune of Rs.32,50,000/- has not been paid by the developer. Learned counsel appearing for the plaintiffs makes a statement that his clients admit receipt of consideration to the tune of Rs.10 lakh. The issue as to whether balance amount is paid or not would be decided at the time of final hearing of the suit. Thus, without going to the merits of the controversy involved, the ends of justice 2 479.11-ao would be met if the developer is directed to deposit Rs.22,50,000/- before the trial Court subject to decision in the pending suit. The respondent- developer is, therefore, directed to deposit Rs.22,50,000/- in the Court of Civil Judge, Senior Division, Pune within a period of four weeks from today. On deposit of the amount as directed, the same shall be invested in fixed deposits, initially, for a period of six months and thereafter F.D.R. shall be renewed from time to time until disposal of the suit. The trial Court is directed to dispose of the suit as expeditiously as possible, preferably, within a period of one year from today. With these directions, appeal from order stands disposed of. This order is passed without going in to the merits of the controversy involved in the matter and the parties are permitted to raise all contentions before the trial Court as permissible in law. 3. In view disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)