1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.196 OF 2009 IN NOTICE OF MOTION NO.3550 OF 2006 IN SUMMONS FOR JUDGMENT NO.446 OF 2004 IN SUMMARY SUIT NO.3114 OF 1997 Vinod M. Kamdar and Ors. .... Appellants V/s. Mrs.Eena S. Teckchandani ..... Respondent Mr.Atul G. Damle, for the appellant. Mrs.Sapna Rachure i/by T.N.Tripathi & Co., for respondent. CORAM :P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : NOVEMBER 03, 2009 P.C. 1. This appeal is directed against the order passed by the learned Single Judge dated 30-07-2008. The appellants are the original defendants in Summary Suit No.3114 of 1997. The learned Single Judge by the impugned order granted four weeks time to the defendants to pay the decretal amount, which time was extended from time to time. On such deposit, the defendants were given unconditional leave to defend the suit. The defendants were failed to file written statement within the stipulated time. 2 2. The learned counsel for the appellants submitted that the appellants are not in a position to deposit the amount. He further submitted that the appellant would like to file appropriate application before the learned Single Judge for reviewing the impugned order. The learned counsel for the appellants submitted that the appellants are also willing to settle the dispute. 3. So far as the impugned order is concerned, the same is passed by the learned Single Judge with the consent of both the sides. Since the impugned order is a consent order, the present appeal is not maintainable. However, since the appellants want to withdraw the appeal with a view to file appropriate application before the learned Single Judge, the appeal is disposed of with a liberty to the appellants to prefer appropriate application before the learned Single Judge. It is clarified that we have not expressed any opinion on merits of the issue. The learned counsel for the appellants submitted that he is making this statement on the basis of instructions received by him from the appellant No.1, who according to him is present in the Court. 4. Subject to what has been stated hereinabove, the appeal is disposed of. ( R.C.CHAVAN, J. ) ( P.B.MAJMUDAR, J.)