IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPILICATION CAF NO.1528/2010 IN F.A. NO.953/2010 VITHAL RAUT ..VS.. SHANTARAM MAROTI BARAPATRE Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 22 /10 / 2010 Heard learned counsel for the parties. The learned counsel for the respondent states that the respondent does not have any objection if the matter is remanded to the trial court for granting opportunity to the appellant to file written statement and to defend the case, if this court directs the trial court to decide the civil suit within a stipulated period. This aspect would be considered at the time of final hearing of the first appeal. The first appeal may be listed for final hearing in the w/c 6.12.2010. The respondent has deposited the balance consideration in the trial court. The respondent is permitted to withdraw the amount. Withdrawal of that amount would not mean that the respondent is not ready and willing to perform his part of contract as the respondent has deposited the amount in the trial court, after the decree was passed in his favour. The civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.