1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.892 OF 2008. APPLICATION NO.892 OF 2008. APPLICATION NO.892 OF 2008. IN IN IN SECOND SECOND SECOND APPEAL NO.691 OF 2001. APPEAL NO.691 OF 2001. APPEAL NO.691 OF 2001. Sakharam Sahdu Zende & ors. : Applicants. versus Dagadu Sadhu Zende since deceased through his legal heirs a) Shri Ganpat Dagadu Zende : Respondents. Mr.Nitin Mulye i/by Mr.Girish Godbole for the applicants. Mr.R.S.Kate for the respondents. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : MAY 5, 2008. : MAY 5, 2008. : MAY 5, 2008. P.C. P.C. P.C. 1. By this application the applicants are seeking permission to allow the applicants and Respondent Nos. 1(a) to 1(f) to bid for right to cultivate the 2/3rd portion of the suit land for the year 2008-09 and 2 direct the highest bidder to deposit 25% of the bid amount immediately in this Court and remaining 75% of the amount in the month of February 2009. 2. The applicants herein are the original Respondent Nos.1 and 2(a) to 2(e) and the Respondent No.1(a) to 1(f) herein are the original appellants and Respondent Nos. 2 to 7 herein are the original Respondent Nos. 3 to 8. 3. The applicants offered Rs.26,000/- for allowing them to cultivate the suit land for the year 2008-09. The learned advocate appearing for the appellants, on instruction from his clients, orally submitted that his clients are ready to offer Rs.27,000/- for allowing them to cultivate the suit land for the year 2008-09. The learned advocate appearing for the applicants, on instructions from his client, present in court, is ready for the offer given by the appellants. 4. It is further submitted by the advocate for the applicants that Respondent Nos.1A to 1F i.e. the original appellants to deposit balance amount of Rs.50,000/- forthwith for cultivation of the suit land for the previous years 2006-07 and 2007-08. 3 5. The learned advocate appearing for the original appellants/Respondent Nos.1A to 1F in this application submitted that his clients are ready to deposit balance amount of Rs.50,000/- within a period of two weeks. In addition to that he submitted that their clients will deposit Rs.27,000/- in instalments. 6. Since both the parties are agreed and accepted bid offered by the original appellants for Rs.27,000/-, the appellants are permitted to cultivate 2/3rd portion of the suit land till 30th April 2009. The appellants are directed to deposit a sum of Rs.5,000/- in this court within a period of two weeks from today and the balance amount shall be deposited by a post dated cheque drawn in favour of the Registrar General of this Court which will be made payable on 1st March 2009. 7. It is made clear that the appellants are bound to deposit the earlier balance amount of Rs.50,000/- within a period of two weeks from today and Rs.27,000/- in instalments as stated herein above. 8. This civil application is disposed of. Place the appeal for hearing in the last week of February 4 2009. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]