1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL ST. NO.7905 OF 2009. THE STATE OF MAHARASHTR AND ANR. VS SMT. USHA WD/O PRAVIN KAMDAR & ORS. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N. W. Sambre Government Pleader for the appellant. Shri R. R. Shriwastav, Advocate for Respondent nos.1 to 3. CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 19th DECEMBER, 2009. 1. Admit. 2. Parties agree for forthwith hearing. 3. In the midst of hearing, learned Advocate for the Respondents has filed a pursis contents thereof read as follows: “The Respondents state as under: That, if the Appellants deposit 50% of the decreetal amount as per Judgment & Decree dt. 5/7/07 in M.P. No.4/2003 & the Respondents are permitted to withdraw the same and trial Court is directed to decide the aforesaid case permitting the Appellants to cross examine the respondents & to adduce evidence if any, to be done within 3 months, the Respondents have no objection for condoning the delay & for setting aside the aforesaid Judgment & Decree.” 4. In view of above quoted concession, appeal is partly allowed. The decree under appeal is set aside in terms of purshis with following modification : 2 (a) The plaintiff shall be free to withdraw the amount deposited in the trial Court on furnishing undertaking that the amount withdrawn shall be appropriated furtherance to the decree that may be passed including need for refund. (b) 50% of the decretal amount of the decree under appeal be deposited on or before 15.02.2010. (c) Parties shall appear before trial Court on 16.02.2010, without issue of summons by trial Court. (d) The suit be decided within six months. (e) Parties shall bear own costs of this appeal. JUDGE JUDGE |Muley|