1 S.B. CIVIL MISC APPEAL NO.14/2009 (Agroha Oil Mills Vs. State & Anr.) Date of Order : 09.11.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. R.S. Mankad, for the appellant. Mrs. Pratistha Dave, for the respondent. Heard learned counsel for the parties. On 20.1.2009, while issuing notice for final disposal to the respondents, the following order was made : “In case the appellant deposits Rs. 1 lac before the respondent no.2 who may accept that deposit without prejudice to their any right and if the amount is deposited within 15 days from today, no coercive measure be adopted for recovery of the amount in dispute by the respondents.” Learned counsel for the appellant submits that in pursuance of the above order passed by this court, the appellant has already deposited Rs.1 lac, therefore, while making the order dated 20.1.2009 absolute, learned trial Court may be directed to decide the suit itself. The suit is still pending in the trial Court and only 2 application filed under Order 39 Rule 1 and 2 read with Section 151 CPC was decided by trial Court which is under challenge in this appeal. Now in view of the order dated 20.1.2009 passed by this Court, the appellant has already deposited Rs.1 lac. In this view of the matter, the order dated 20.1.2009 passed by this Court is hereby made absolute and further learned trial Court is directed to decide the suit itself expeditiously within a period of eight months from today. Accordingly, this appeal is disposed of with above direction. (Gopal Krishan Vyas), J. arun/