:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.129 OF 2008 APPEAL FROM ORDER NO.129 OF 2008 APPEAL FROM ORDER NO.129 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.164 OF 2008 CIVIL APPLICATION NO.164 OF 2008 CIVIL APPLICATION NO.164 OF 2008 Shri Nevelle M. Master & Ors. ...Appellants. v. Mr.Erach Jalejar Chinoy ...Respondent. Mr.Anil Singh for P.R.Shah , advs. for the Appellants. Mr.Mehta , adv. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 11th March, 2008. DATE: 11th March, 2008. DATE: 11th March, 2008. P.C. P.C. P.C. 1. After some discussion at the bar and after taking instructions from respective clients, the learned counsel for the parties agree that appeal may be disposed off with the following directions: i. Subject to payment of Rs.15,000/- as cost by the defendants/appellants to the plaintiff/respondent within four weeks from this day, the impugned order in Civil Misc. Application No.82 of 2006 shall stand set aside and the said application shall stand allowed and as a result, the decree passed in Special Civil Suit No.291 of 1991 shall also stand set aside and the suit shall be restored to the file of the trial Court for hearing and disposal as per the law. Property, which has been attached shall continue to be under attachment pending :2: the suit. The trial Court shall hear and dispose of the suit within four months from the date of receipt of the writ of this order. ii. In case the cost amount is deposited with the trial Court, the plaintiff/respondent shall be allowed to withdraw the said amount. In case, the defendants/appellants fail to pay the cost within the stipulated period, this appeal shall be deemed to have been dismissed. 2. As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)