1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. FA/3046/2009 With CA/10361/2008 In FA/3046/2009 (Gulam Abbas Kasamali Amreliwale vs. Smt.Latabai w/o Prakash Vayakole) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. J.R.Shaikh, Adv., for the appellant. Mr. V.N.Upadhye, Adv., for respondent no.9. Mr. Sadat Quazi, Adv., h/f Mr.N.R.Shaikh, Adv., for respondent no.8. Mr.Gitte, Adv., for Mr.Pandit, Adv., for respondent nos. 1 to 3, 6 and 7. ... CORAM: K.U.CHANDIWAL, J. DATE: 8-2-2010 P.C.:- 1. Heard. The grievance of present appellant is, without hearing him the order dt.20th Feb.,2007, in MACP No.457/2004 is recorded by the learned Judge whereby he has been saddled with a liability to pay Rs.1,37,500/- with interest and also proportionate costs. Learned Judge has, after such deposition, indicated its proportionate 2 disbursement in the very order. 2. The fact remains, there is no participation of the present appellant, as is evident in the very order of the learned Judge. 3. During the course of submissions, Mr.J.R.Shaikh, Counsel, on instructions, undertakes to deposit Rs. 1,10,000/- within two weeks before the learned Judge in M.A.C.P.No. 457/2004, at Aurangabad. It is informed, already an amount of Rs. 25,000/- is deposited in this Court (statutory deposit) and Rs. 10,000/- paid to the claimant owing to execution of warrant. . The above details force this Court to remit the matter to the learned Judge with a request to ensure its disposal expeditiously. The order under challenge is set aside. The learned Judge will independently consider disbursement of the amount to the claimant on deposit referred above by the appellant. 3 The appeal partly allowed in above terms. No costs. Civil Application disposed of. (K.U.CHANDIWAL) JUDGE agp/3046-09fa