( 1 ) FARAD CONTINUATION SHEET NO. IN THE COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. W.P.NO.4125/2008 Jagannath Madhav Patil -vs- M/s. Poonam Jewellers Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. CORAM : B.P. DHARMADHIKAR, J. DATE : 12/12/2008 Heard finally. This Court as on 24/09/2008 while issuing notice directed petitioner to deposit decreetal amount with this Court by 8th of October, 2008. Advocate Chopde for respondent points out that amount has not been so deposited. Advocate Sadavarte for petitioner states that petitioner is poor person and he was suffering from health problems and he was also required to take rest. However, during arguments, the petitioner offered to deposit the amount as decreed before trial ( 2 ) Court within one month. The respondent prayed that he should be permitted to withdraw that amount. In these circumstances, I find that in the interest of justice warrants permission to withdraw 50% of the decreetal amount deposited by petitioner before the trial Court. The entire decreetal amount be deposited by 31st of January, 2009. If the amount so deposited, the ex parte judgment and decree shall stands set aside and the petitioner shall be given opportunity to contest the suit on merits. Then proceedings in Reg. Civil Suit No.149/2005 stand expedited and the trial Court is directed to decide the said suit itself on merits as early as possible and in any case by 31st December, 2009. The amount in balance shall be allowed to be withdrawn by party succeeding in the suit. If the present petitioner succeeds in the suit, he shall be at liberty to recover the amount from present respondent in accordance with law. If the respondent succeed, he will be free to execute decree to recover balance amount, if any. Rule accordingly. ( 3 ) As the respondent is required to engage lawyer before Appellate Forum and also in High Court for recovering the amount roughly of Rs.22,000/-, he is awarded costs of Rs.3,000/-. The cost be also deposited before trial Court by 31st of January, 2009. The respondent is at liberty to withdraw the said amount of Rs.3,000/-. JUDGE gsk