FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.8443 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr G.S.Godbole and Mr Nitin Mulya, for the petitioners. Mr Tanaji Mhatugade i/b Mr S.S.Deshmukh, for the respondent. CORAM: D.B.Bhosale,J. DATED: 15.02.2008 P.C.: Heard learned counsel for the parties. Learned counsel for the parties have agreed for the following order and have fairly stated that I need not record reasons for passing such order. Liberty to the petitioners-defendants to deposit Rs.1,30,000/-, which is the alleged mortgage amount, in the trial Court, in respect of Survey Nos 229/6, 229/11 and 229/12 within four weeks from today. If the petitioners deposit the amount, as aforementioned, it is open for them to file an application before the trial court for vacating the impugned order in respect of Survey Nos 229/6, 229/11 and 229/12 passed on the application at Exhibit-5 filed by the respondent-plaintiff and if such an application is filed by the petitioners same may be considered and decided on merits in accordance with law as expeditiously as possible and preferably within a period of three months from the date of filing of the application. The trial Court shall decide the application uninfluenced by the observations made in the impugned orders. All contentions of the parties are kept open. With these observations, the writ petition is disposed of. (D.B.Bhosale, J.)