: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.5403 OF 2007 Mr Iyer Balakrishna Hariharan .. Petitioner. Vs. The South Indian Co-operative Bank Ltd. & Ors. .. Respondents. Mr.R.R.Hegde, for the petitioners. Mr.N.N.Bhadrashete for respondent no.1-Bank. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 26TH FEBRUARY, 2008. DATED : 26TH FEBRUARY, 2008. DATED : 26TH FEBRUARY, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. The petitioner has impugned the judgment and order dated 26.3.2007 passed by the Maharashtra State Co-operative Appellate Court, Mumbai, by which it has disposed of two Appeals from Order bearing Nos.25 and 26 of 2007 by common order. M/s.Shrinathji Yarn (Pros) Pvt Ltd and ors had filed a separate petition bearing Writ Petition No.5298 of 2007 challenging the very same impugned judgment. This Court, vide order dated 20.2.2008 disposing of the petition modifying the operative portion of the impugned judgment in the following terms: (a) The petitioners shall deposit Rs.5,00,000/- with the respondent-company within six weeks from today failing which :2: :2: :2: their application for setting aside exparte decree shall stand rejected. (b) The petitioners shall also take steps to sale gala situated at Khopar Khairne, Thane-Bhiwandi Road, which is a mortgaged security, within six weeks from today and shall deposit sale proceeds with the bank. It appears that the Bank has already issued NOC for the sale of the Gala. On the petitioners depositing Rs.5,00,000/- and the sale proceeds of the Gala, as aforementioned, the Co-operative Court shall proceed to decide the application for setting aside exparte decree on merits in accordance with law as expeditiously as possible and preferably within six weeks therefrom. The operative portion of the impugned order is modified in aforementioned terms. All contentions of the parties are kept open. With these observations the writ petition is disposed of." 3. In view of the aforesaid modification made in Writ Petition No.5298 of 2007, in my opinion, no separate order is necessary in the instant writ petition. The writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)