1 S.A. 646/2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 646/2011 WITH C.A. NO. 12415/2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.S. SHINDE, J. DATED : 7th December, 2011. Mr. S.P. Tiwari, Advocate for the appellant. Mr. S.P. Shah, Advocate for respondent sole. 1. Heard learned counsel for the parties. 2. On 29th September, 2006 Civil Judge (Senior Division) Dhule, partly decreed the suit filed by respondent herein, thereby directing the defendant i.e. appellant herein to pay Rs.75,000/- to the plaintiff with future interest @ 6% pr annum from the date of the suit i.e. from 05/02/2005 till realisation of the whole amount. 3. Admittedly, the judgment and order passed by Civil Judge (Senior Division), Dhule, is not challenged by the appellant herein. Such judgment and order was challenged by the respondent herein i.e. original plaintiff. When the counsel appearing for the appellant is confonted with this situation, the counsel for 2 S.A. 646/2011 appellant seeks leave to amend the appeal memo. However, before this second appeal is considered, it would be in the fitness of things that the appellant is directed to deposit Rs.75,000/- with 6% interest per annum from the date of suit i.e. from 05/02/2005. It is made clear that failing to deposit such amount with interest within eight weeks from today, second appeal will stand automatically dismissed without further reference to this Court. Upon depositing this amount, list second appeal for admission on board of 14/02/2012. [S.S. SHINDE,J.] ts k/Dec.2011/7th/sa646.11