(1) SA. 711.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 711 OF 2007 Mohd Siddique Haji Gaffar .. Appellant VERSUS Mohd Ashfaque Haji Ashraf Patel and anr. .. Respondents Mr. M.V. Deshpande, Advocate for the appellant Mrs. A.N. Ansari, Advocate for the respondents CORAM : A.V. NIRGUDE, J. DATED : 9TH OCTOBER, 2009 P.C.:- 1] The appellant, it seems, is apprehending that the judgment and decree passed by the lower appellate Court, would be interpreted for recovery of more amount than what is decreed. On perusal of the judgment, it is clear that the decree passed against the appellant is very specific and the amount due against the appellant, is capable of being calculated correctly. I am told, that the appellant has in fact, deposited the amount as arrears of rent during the pendency of the suit and appeal, and I am also told that this amount has been withdrawn by the respondent under protest. If till despite of this, the respondent takes out an application for execution of the decree, the (2) SA. 711.2007 appellant-judgment debtor would be able to explain to the executing Court that he had already effected payment of the decretal amount. If any dispute arises between the parties on such issue, the same would be decided by the executing Court. 2] The Second Appeal stands dismissed as withdrawn. Sd/- (A.V. NIRGUDE, J.) arp