1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 199 OF 2008 APPEAL FROM ORDER NO. 199 OF 2008 APPEAL FROM ORDER NO. 199 OF 2008 WITH CIVIL APPLICATION NO. 243 FO 2008 Shri Ramakant Sudamji Bodake ... Appellant (Org. Defendant) Versus Smt. Lilavati Sudamji Bodake & Ors. Respondents (Org. Plaintiffs) Mr.Milind Deshmukh, Advocate, for the appellant. Mr. Suresh Dubey, Advocate, for Mr. J.S.Kini,Advocate for the respondent No.2. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th March,2008. DATE: 5th March,2008. DATE: 5th March,2008. P.C. P.C. P.C. 1. After some discussion at the Bar and after taking instructions, the learned Counsel agreed that the Appeal may be disposed of with the following directions without giving any reasons :- 2 (a) The impugned order passed by the trial Court below Exhibit 5 in Special Civil Suit No.165 of 2006 shall stand modified as follows :- (i) The defendant-appellant shall deposit an amount of Rs.4 lakhs (Rupees four lakhs only) with the trial Court within four weeks from this day and in case he deposits the amount, he shall be allowed to retain the suit tractor No. MH.11/U-2335 and trailer bearing No.MH.11/R-2915 till the disposal of the suit. In case he fails to deposit the amount within four weeks, the possession of the tractor and the trailer shall be taken from him and shall be given to the plaintiff No.2 subject to the condition that he shall deposit an amount of Rs.1 lakh (Rupees one lakh only) with the trial Court within two weeks from the date of taking possession of the tractor and the trailer. (ii) The amount which may be deposited either by the defendant or by the plaintiff No.2 as per this order, shall be kept in fixed deposit with some Nationalised Bank for a period of one year and may be renewed from time to time if necessary. The amount so deposited shall be subject to the result of the suit. 3 (iii) The defendant or the plaintiff No.2, whosoever may be in possession of the tractor and the trailer, shall not cause any damage nor shall create third party interest or part with possession of the same without prior permission of the trial Court. (iv) The trial Court shall expedite the hearing of the suit and dispose of the same, as far as possible, within one year. 2. In view of the disposal of the Appeal, the Civil Application does not survive and stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)