1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2961 OF 2009 IN WRIT PETITION NO. 8109 OF 2006 Neeta Mohanlal Varidani ........ Petitioner versus M/s. Aswani Builders & anr.........Respondent. Ms. Usha Rahi i/b. Mayur Narendra & C. adv. for the Petitioner Mr. Y.M. Pendse adv. for the Respondent no.1. Mr. A.I. Patel adv. For respondent no.2. CORAM: A. P DESHPANDE, J. DATED : 14th December, 2009. P. C.: 1. The applicant/petitioner has sought direction against the respondent no.1 to deposit a sum of Rs. 1,12,867/- in this court. The respondent is original plaintiff whose suit for recovery of money came to be decreed ex-parte. The present petitioner moved an application for condonation of delay and also applied under Order 9 Rule 13 for setting aside ex-parte decree. The application for condonation of delay having been rejected, the present writ petition has been filed. During the intervening period the petitioner deposited a sum of Rs.1,12,867/- and the same has been 2 withdrawn by the plaintiff/decree holder. The learned counsel for the respondent Shri Pendse in all fairness makes a statement that in the event the petitioner succeeds in the present petition and his application under Order 9 Rule 13 is allowed and the ex-parte decree is set aside, the respondent would deposit the money in the trial court. The said statement is accepted. In view of the said statement made, no orders are required to be passed in the civil application. Civil Application stands disposed of. (A. P. Deshpande, J.)