1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.567 OF 2009 WITH CIVIL APPLICATION NO.683 OF 2009 Master Amogh Prakash Kinjawdekar & Ors. ..Appellants V/s Ashok Gajanan Bhagat & Ors. ..Respondents ---- Mr.S.S.Deshmukh for the appellants. Mr.Kuldeep S.Patil for the respondent no.1. ---- Coram : R.S.MOHITE,J Date : 29.9.2009. PC 1 Heard both sides. In my view, appeal can be disposed off finally at the stage of admission. Hence, Admit. Matter is taken up for hearing forthwith. 2 This is an appeal filed by the plaintiff against an order dated 10.11.2008. The plaintiff has agreed to purchase a suit land which is an agricultural land for an amount of Rs.13,14,000/- and has paid amount of earnest money as Rs.3,50,000/-. Payment of earnest money is admitted by the defendants. It appears that after the suit agreement the plaintiff took out a public notice and a co-operative bank/respondent no.2 has objected and stated that the land was mortgaged. It appears that the dues as claimed by the co-operative bank are Rs.6,34,686/- as on 4.12.2006. The amount which is now due and payable to the 2 defendants is Rs.9,64,000/-. Advocate for the appellants states that his clients are willing to deposit Rs.10,00,000/- so that liabilities of the bank if any, are secured. In this view of the matter, appeal is allowed. It may be stated here that though notice of admission is issued to the bank, the bank has chosen not to appear. Advocate for the appellants states that since he is ready and willing to secure whatever be the interest of the bank, the bank may be dropped as a party. Appellants are therefore, allowed to delete respondent no.2. Amendment to be carried out within a period of one week. The appeal is allowed and injunction as prayed for in prayer clause-(a) of the plaintiffs’ application at Exhibit-5 in the suit is granted subject to the condition that they deposit an amount of Rs.10 lakhs in the trial Court within a period of four weeks from today. Appeal stands disposed off accordingly. CIVIL APPLICATION NO.683 OF 2009 As the appeal is disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3