1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 726/2008 (Dilawar Inayat Khan VERSUS Vilas Gulabrao Chandankhede & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri R.S. Nagpure, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 20, 2008. Heard the learned counsel for the petitioner. It is submitted on behalf of the petitioner that the respondent had agreed to sell his property to the petitioner for a total consideration of Rs.33,98,400/-. It is stated on behalf of the petitioner that an amount of Rs.6,50,000/- was paid to the respondent towards the execution of the contract. Since the respondent had failed to perform his part of contract, a suit for specific performance of contract was filed by the petitioner. By the impugned order dated 18.01.2008, the petitioner was directed to deposit the balance consideration in the Court within a period of one month from the date of the order. 2 It is submitted on behalf of the petitioner that the petitioner was not much aggrieved by the direction to deposit the amount but, the petitioner apprehended that the matter would linger before the Trial Court for a long period and nearly Thirty Lacs of Rupees of the petitioner would be locked during the pendency of the suit. The petitioner was apprehending that he would lose the interest on the said amount and would be greatly prejudiced in case the matter was not decided within a short time. The counsel for the petitioner submitted that the grievance of the petitioner would be redressed if the trial Court is directed to decide the civil suit within a period of four months from today. The apprehension made on behalf of the petitioner is not totally ill-founded. Since the petitioner is ready and willing to deposit the balance consideration within a period of one month from today, it is necessary to direct the trial Court to decide the Special Civil Suit No.92/2007 within a period of six months from today, in the peculiar facts of the case. 3 Since the impugned order dated 18.01.2008 cannot be successfully assailed on merits and since the petitioner is willing to deposit the balance consideration within a period of one month from today, the trial Court is directed to decide the suit within a period of six months from today. The petitioner should positively deposit the balance consideration within a period of one month from today. The writ petition is disposed of on the aforesaid terms. No order as to costs. JUDGE APTE