: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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 391 OF 2008 APPEAL NO. 391 OF 2008 APPEAL NO. 391 OF 2008 IN IN IN CHAMBER SUMMONS NO. 1957 OF 2007 CHAMBER SUMMONS NO. 1957 OF 2007 CHAMBER SUMMONS NO. 1957 OF 2007 IN IN IN EXECUTION APPLICATION NO. 69 OF 2007 EXECUTION APPLICATION NO. 69 OF 2007 EXECUTION APPLICATION NO. 69 OF 2007 IN IN IN SUMMARY SUIT NO. 1782 OF 2005 SUMMARY SUIT NO. 1782 OF 2005 SUMMARY SUIT NO. 1782 OF 2005 Pushpa H. Sosa ..Appellant versus Naresh Jivraj Solanki ..Respondent Mr. S. B. Prabhavalkar for the Appellant. Mr. Ramesh Jain for the Respondent. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND S. A. BOBDE, J. S. A. BOBDE, J. S. A. BOBDE, J. DATE : 6TH OCTOBER, 2008. DATE : 6TH OCTOBER, 2008. DATE : 6TH OCTOBER, 2008. P.C. P.C. P.C. . We have heard learned counsel for the parties. 2. During the course of arguments, the counsel appearing for the parties commonly pray that this Appeal can be disposed of by a consented order. The agreed terms are : (i) The Order impugned in the present Appeal be set aside and the matter be remanded to the :2: learned Single Judge for fresh adjudication in accordance with law and after permitting the objector / appellant to lead evidence as permissible. (ii) The appellant will during the course of the day deposit a Demand Draft in the sum of Rs.2,00,000/- with the Prothonotary & Senior Master and will also deposit another sum of Rs.3,00,000/- within six weeks from today. (iii) Subject to compliance of these conditions, the impugned order will stand set aside and matter is remanded as recorded above. In the event the balance sum of Rs.3,00,000/- is not deposited within the time prescribed, the benefit of this order shall be deemed to have been withdrawn and the order of attachment against the appellant shall stand restored. 3. This order obviously is without prejudice to the rights and contentions which the parties would press in the notice of motion pending before the learned Single Judge for setting aside the exparte decree. :3: 4. We find it just, fair and equitable that the present appeal is disposed of in the consented terms which shall be treated as order of the Court. Appeal disposed of accordingly. No order as to costs. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE S. A. BOBDE, J. S. A. BOBDE, J. S. A. BOBDE, J.