1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3686/2008 Udaram Laxmanrao Dekate & anr. ..vs.. Damodar Raibhaji Damkeh and anr. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: B. P. DHARMADHIKARI, J. DATED : 16 th OCTOBER, 2008 1. The matter was heard yesterday and today also. It was said that subject to imposing heavy costs upon the petitioner, a chance to contest the matter on merits should be given to him. Mr. Malode and Mr. Joshi Advocates accept the suggestion as according to them, all these things being done deliberately to protract the matter. They point out that the matter was expedited by this Court long back. However, Mr.Dhabe, Advocate has pointed out the petitioner is a pensioner and he receives pension of Rs. 3558/-. In these circumstances, he makes statement that till 15.11.2008, the petitioner will pay costs of Rs. 5,000/- before the trial Court and written statement should be taken on record. 2 2. In view of inclination of this Court, Mr. Malode and Mr. Joshi Advocates have stated that the respondents should be paid the cost till 15.11.2008 however, the written statement should be allowed to be taken on record immediately and suit should be proceeded so that it should be decided as early as possible till 31.11.2008. They further state that if the cost is not paid till 15.12.2008, they shall recover it from the petitioner, in accordance with law. 3. In view of the submissions, the petitioner shall deposit Rs. 5,000/- with the trial Court by 15.11.2008. His written statement is taken on record, immediately. The Court below is directed to proceed further with trial and decide it as expeditiously as possible and in any case till 31.12.2008 as it was already expedited. 4. If the costs are not paid by the petitioner by 15.11.2008, the plaintiff shall be entitled to recover from the petitioner an amount of Rs. 10,000/- through the process of Court. The recovery of costs is irrespective of the decision of the suit in the matter. The plaintiffs are 3 entitled to withdraw or recover the costs as mentioned above. In view of these directions, the writ petition is allowed and disposed of accordingly. JUDGE kahale