1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5303 OF 2010 Sagar Nivrutti Sudrik ..PETITIONER -VERSUS- Parvatrao Narayan Jamdar and others. ..RESPONDENTS ..... Mr.N.V. Gaware, advocate for petitioner. ..... (CORAM : V.R.KINGAONKAR,J.) DATE : 29th July, 2010. PER COURT : 1. Heard counsel. The petitioner's contention is that there is challenge to the directions issued by the trial Court for depositing of remaining amount of consideration. However, the petitioner submits that he could not have been asked to deposit an amount of interest at the rate of 10% of the amount. The trial Court seems to have directed the petitioner to deposit such amount on the premise that the petitioner approached the trial Court with a prayer that he is in possession of land in question. According to the petitioner, the defendants claimed to be the persons in possession of the said land, and therefore, such order to deposit interest at the rate of 10% of the principal amount is unwarranted. The direction is issued on the basis of statement made by petitioner, and therefore, what 2 the defendants state is for the present, prima facie, is immaterial. The discretionary order can not be, therefore, faulted with. The Petition is dismissed. However, the trial Court is directed to invest the amount of interest and the remaining amount deposited by the petitioner in the name of petitioner in the Nationalised Bank till the disposal of the suit and shall not be disbursed to any one unless the decision in the suit is rendered. (V.R.KINGAONKAR) JUDGE gas/wp5060.10