1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.4879/2008 Virendrasingh S. Bhatia ..vs.. Ganesh Y. Pawar ---------------------------------------------------------------------------------------------- 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. DHARMADHIKARI, J. Dated : 10th December, 2008. Advocate V. M. Kite requests for adjournment as Advocate Anthony appears for sole-respondent, is not available. The matter was adjourned on earlier occasion also at the instance of Advocate Anthony. Hence, the request is rejected. Heard Advocate Dani for the petitioner. By the impugned order the appellate Court has rejected the prayer for extension of time to enable him to deposit costs of Rs.1500/- and also, the arrears of rent and costs amounting to Rs.14,400/-. Advocate Dani states that within reasonable time, the petitioner will deposit the amount and also the amount of costs as proposed by this Court. Advocate Kite states that he has no instructions in the matter and request for adjourn the matter. However, he further states that the petitioner-tenant is only interested in delaying the matter. 2 After hearing the parties, I am satisfied that the suit in the present matter is filed in the year 2004 and it was decreed on 26/02/2007. This matter is not old one. There was delay of five months in filing Misc. Civil Appeal under Section 26 A before the Appellate Court. That delay has been condoned subject to payment of costs & Rs.1,500/- were ordered to be paid, but those costs were not deposited. Hence, application under Section 148 of the Code of Civil Procedure was moved, which came to be rejected. The question involved, therefore, is the propriety of the order passed by the trial court. The present petitioner- tenant is in possession of the suit premises. In these circumstances, I am inclined to give petitioner one more opportunity, subject to petitioner's depositing costs of Rs.1,500/- as directed by the lower appellate Court with rent and costs of Rs.14,400/- totaling to Rs.15,900/- with trial Court along with further amount of Rs.9,100/- i. e. total amount of Rs.25,000/- before the lower Appellate Court by 31/12/2008. If the amount is so deposited, the lower appellate Court shall permit the present respondent to withdraw the amount to which he is entitled. Out of the additional amount of Rs.9,100/-, the respondent-landlord is permitted to withdraw Rs.4,100/- as costs of this matter and the remaining amount of Rs.5,000/-shall be retained by it as security deposit for proper conduct and prosecution of appeal by the present petitioner before it. The 3 proceedings in appeal are expedited, the petitioner shall file private paper book, if necessary, as early as possible and in any case by 15/02/2009. The lower Appellate Court shall make effort to decide the appeal as expeditiously as possible and in any case by 30/06/2009. The balance amount of Rs.5,000/- shall be thereafter allowed to be withdrawn by the party succeeding in the appeal. Rule accordingly. Till then, the respondent shall not disturb the possession of petitioner over the suit premises. JUDGE Andurkar.