1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.518 OF 2009 WITH CIVIL APPLICATION NO.633 OF 2009 Shri Dnyanoba M. Gavane and Ors. ...Appellants. v. Shri Prakashkumar C. Nahar and Ors. ...Respondents. Mr. C.G.Gavanelkar i/by Mr.P.G.Chavan, , advs. For the Appellants. Mr. Jaydeep S. Deo, adv. For the Respondent Nos.1 to 4. CORAM : J.H. BHATIA, J. DATED : JULY 5, 2011. P.C. 1 Heard. The appeal was filed by the original defendants in Special Civil Suit No.434 of 2008 challenging the order below Ex.8 for furnishing security and in default for attachment of the property under Order 38 Rule 6 of the C.P.C. In the appeal this Court by an order dated 6th November, 2009 had directed the defendants/appellants to deposit an amount of Rs.33,80,000/- before the trial Court within two weeks. However, admittedly, the appellants have failed to deposit the said amount and to comply the order of the Court. It indicates that the defendants/appellants may not be in a position to satisfy the decree if it is passed in future. Therefore, I do not find any substance in the appeal. 2 The appeal stands dismissed. 2 3 As the appeal itself is disposed off, civil application no.633 of 2009 does not survive and stands disposed off. (J.H. BHATIA,J.)