1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4989 of 2008 Vijay Govind Wankar & ors. .. Petitioners versus Pralhad B. Wankar (decd) by LRs Mukund P. Wankar & ors. .. Respondents ... Mr.G.S. Godbole for the petitioners. Mr.Avinash Joshi for respondent no.10. CORAM : A.M.KHANWILKAR, J DATED : 12th August 2008 P.C.: 1. It is brought to my notice that the petitioners have already deposited sum of Rs.33,45,000/- in the lower court which position is mentioned in the application dated 4th September 2008 filed before the lower court. In other words, petitioners have applied that their obligation in terms of arrangement noted in order dated 12th August 2 2008. Accordingly, as observed in the said order, the impugned judgement and order shall stand modified to the extent of arrangement specified in order dated 12th August 2008 and the petition would stand disposed of on that basis. 2. Counsel for the respondent no.10 however points out that besides the amount offered by the petitioners, the respondent no.10 would be entitled to refund of Rs.1,20,000/- deposited by the said respondent in the lower court on 13th November 2007 towards stamp charges. It will be open to the Respondent no.10 to make that request to the lower court which may be considered appropriately. It is placed on record that the petitioner shall not oppose the prayer so made by respondent no.10 for refund of amount of Rs.1,20,000/-. That assurance is placed on record. 3. In view of the arrangement accepted by the parties on the basis of which this petition is disposed of, the lower court will pass consequential order recognising the petitioner to be the auction purchaser and confirm the sale in respect of the disputed property in favour of the petitioner and pass further directions as may be required including to issue sale certificate in favour of the 3 petitioners. 4. According to the petitioner, the stamp duty in relation to the suit property may be much less than the amount already deposited by the petitioner in the lower court being sum of Rs.1,45,000/-. The lower court may consider that aspect and if excess deposit is made may pass suitable orders for refund if so advised. 5. Petition is disposed off on the above terms. (A.M.KHANWILKAR, J)