:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8011 OF 2007 Mohan Shankar Bhokare, .. Petitioner Vs Prabhakar Narayan Nigudkar and ors. .. Respondents Mr S.K.Shinde i/b Mr Sagar Kasar, for the petitioner. Mr Sangramsingh Yadav, for respondent nos 2 and 3. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 12TH MARCH, 2008. DATED : 12TH MARCH, 2008. DATED : 12TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Rule. Mr.Shinde, learned counsel, waives service for the respondents. By consent, rule is made returnable forthwith and heard finally. I have head learned counsel for the parties. 2. By this writ petition, the petitioner-defendant has impugned an order dated 10.8.2007, by which his defence is struck off in view of the fact that he did not comply with the order dated 6.10.2006 by which he was directed to deposit Rs.1500/- per month for the use and occupation of the suit premises. It appears that the petitioner had challenged the order dated 6.10.2006 by way of writ petition no.1279 of 2007. That writ petition has been dismissed by the learned Single Judge vide order dated 12.2.2008. In view thereof, Mr.Shinde, learned counsel for the petitioner, submits that the :2: :2: :2: petitioner may be given reasonable time to deposit the said amount and the order impugned may be set aside. Learned counsel for the respondents, though has not consented for the order, has fairly stated that if the court is inclined to grant him time, a conditional order may be passed directing the petitioner to deposit the arrears within short time. Having regard to the submissions of the learned counsel for the parties and overall facts and circumstances of the case, in my opinion, this petition can be conveniently disposed of by the following order. (i) The petitioner shall deposit the arrears as per the order dated 6.10.2006 within a period of four weeks from today. If the petitioner deposits the amount within the time aforementioned, the order impugned in the instant writ petition shall stand quashed and set aside and in that case the trial Court shall proceed to decide the suit on merits in accordance with law. If the petitioner fails to deposit the amount as aforementioned, the order impugned shall operate against the petitioner. It is open for the respondents to withdraw the amount which came to be deposited by the petitioner in pursuance of the order dated 29.10.2007. With these observations, the writ petition is disposed of. :3: :3: :3: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)