1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. First Appeal No. 550 of 2003 (Sau. Munnibai Kashiram Tripathi Vs. Chanda Nandkishore Joshi) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. Borkar, Adv. for the appellant. CORAM : Smt. Vasanti A. Naik, J. DATE : 5 th September, 2007 Heard Shri Borkar for the appellant. The appellant is the original defendant. The appellant has preferred this appeal against the judgment passed by the trial Court on 28/7/2003 whereby the suit filed by the plaintiff for grant of a decree for specific performance of contract, was decreed. The trial Court had directed the plaintiff to deposit the balance consideration of Rs. 1,65,000/- in the Court for execution of the sale deed, till 30/8/2003. The trial Court further held that in case the plaintiff failed to deposit an amount of Rs. 1,65,000/- in the Court towards the balance consideration on or before 30/8/2003, plaintiff's suit for specific performance of contract would be dismissed. Shri Borkar, the learned counsel for the appellant, submitted that it was informed 2 to the counsel for the appellant by the appellant that the plaintiff had failed to deposit the amount of Rs. 1,65,000/- in the trial Court till 30/8/2003. He further submitted that in view of the operative part of the judgment passed by the trial Court on 28/7/2003, the suit filed by the plaintiff for specific performance of contract is deemed to be dismissed as the plaintiff had failed to comply with the direction issued by the trial Court. According to the counsel for the appellant, in view of the dismissal of the suit for not depositing the amount of Rs. 1,65,000/- on or before 30/8/2003, nothing would survive in the present appeal. The appeal is, therefore, dismissed and disposed of in view of the aforesaid position. No order as to costs. JUDGE RMP