1 1426.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 1426 OF 2011 Satishlal Sharma. ... Appellant. V/s. Mohammedali Nanabhai Bhartoo. ... Respondents. A.M.Saraogi for the appellant. Ms.Archana Khan for the respondent. CORAM: R.M.BORDE, J. DATED : 21st December 2011. P.C. : This appeal from order can be disposed of by issuing certain directions to the trial Court. It is stated that the appellant/ original defendant is not allowed to file his reply to the Chamber Summons Nos.645/2009 and 705/2010 in L.C.Suit No.1396/2004 and his right to present reply has been forfeited in view of the earlier order passed by the trial Court. 2. Considering the facts and circumstances of the case, the appellant/ defendant can be put to some terms in respect of payment of costs which would compensate the inconvenience caused to the plaintiff because of protraction of litigation at the instance of the defendant. The defendant shall be permitted to present his reply and 2 1426.11-ao the same be accepted, if presented within a period of two weeks from today. The defendant shall also tender costs of Rs.10,000/- to the plaintiff. The same be either deposited in the Court or may be paid directly to the plaintiff. The trial Court shall proceed to decide both Chamber Summon Nos.645/2009 and 705/2010 together as expeditiously as possibly, preferably, within six weeks thereafter. 3. With the aforesaid directions, appeal from order stands disposed of. In view of disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)