1 WP 5651.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5651 OF 2011 Raver Taluka Urdu Education Society Raver, Dist. Jalgaon Through Shaikh Abdul Wahab Shaikh Munaf Age : 65 Years, Occ. : Pensioner ( Trustee ), R/o : Imanwada, Raver, Tq. Raver, Dist. Jalgaon. .... PETITIONER V E R S U S 1. The Chief Officerf Raver Municipal Council, Raver, Dist. Jalgaon. 2. The Education Officer (Secondary), Zilla Parishad, Jalgaon. 3. The Collector, Collector Office, Jalgaon. .... RESPONDENTS Mr. Swapnil S.Patil, Advocate for the Petitioner. Mr. S.B.Pulkundwar, Asstt.Govt. Pleader for State. Mr. M.S.Deshmukh, Advocate for Resp. No. 1. 2 WP 5651.2011 - [ J ] CORAM :S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 29/08/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. Heard the learned counsel for the respective parties. 3. The petitioner had filed Suit for declaration and injunction along with an application for temporary injunction restraining the respondent no. 1 from taking possession of the suit property without following due process of law. The trial Court allowed the said application subject to condition of depositing 25 % of the outstanding amount. The petitioner is aggrieved by the condition imposed in the impugned order as the other part of the order is in favour of the petitioner. 4. Mr. M.S.Deshmukh, the learned counsel for the respondent no. 1 opposed the petition and states that even 3 WP 5651.2011 - [ J ] otherwise the trial Court has taken a very liberal approach and directed the petitioner to deposit only 25 % of the amount. The said condition need not be interfered with. According to the learned counsel, the amount of Rs. 28,49,680/-,for which the bill is issued, is taking into consideration Rs. 2,30,000/- deposited by the petitioner. Mr. Patil, the learned counsel for the petitioner submits that Rs. 2,00,000/- was deposited and the same is not part of the amount of the bill issued. 5. Be that as it may. The same is disputed question of fact. Even if I take into consideration that Rs. 2,00,000/- are deposited by the petitioner, which are not included in the said amount of bill, I had directed the petitioner vide interim order to deposit Rs. 2,00,000/-. The learned counsel accepts that Rs. 2,00,000/- is deposited with the respondent no. 1. The petitioner shall deposit further amount of Rs. 3,00,000/- with the respondent no. 1 within the period of eight ( 8 ) weeks from today i.e. 08/11/2011. On depositing Rs. 3,00,000/-, the same would be the sufficient compliance of the order of the trial Court directing the plaintiff to deposit 25 % of the amount. In case, the amount as directed by this Court is not deposited, then the present order shall 4 WP 5651.2011 - [ J ] stand vacated. 6. The trial Court shall expedite the hearing of the Suit and shall decide the same within the period of nine ( 9 ) months from today. 7. Rule is accordingly made absolute in above terms. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 5651.2011 - [ J ]