:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 4691 OF 2004 WRIT PETITION NO. 4691 OF 2004 WRIT PETITION NO. 4691 OF 2004 -------------------------------------------------------- Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders -------------------------------------------------------- Mr. Amit Sale for the petitioners. Mr. Rajesh Shirke h/f for Mr. D.R. More for the respondent. CORAM : H.L. GOKHALE, J. CORAM : H.L. GOKHALE, J. CORAM : H.L. GOKHALE, J. DATE : 28TH JUNE, 2006 DATE : 28TH JUNE, 2006 DATE : 28TH JUNE, 2006 P.C. . Heard Mr. Sale in support of this petition. Mr. Shirke appears for the respondent. Respondent executed certain works for the petitioner Zilla Parishad. The contractual amount was not paid. He was required to file a suit. Preliminary decree has been passed and in pursuance thereto the amount of :2: Rs.1,37,388/- has been deposited by the petitioner in the trial Court. The final decree is therefore to be drawn. The case of the petitioner is that sum of Rs.29,802/- is due to the petitioner Zilla Parishand from the respondents. The only way out is that from this amount of Rs.1,37,388/-, Rs.1 lakh be released to the respondent. This is necessary in view of the fact that the work was executed some 25 years ago. In the circumstances, the trial Court will proceed with the application for final decree at the earliest and decide it in any case, by the end of this year. In the meanwhile, the amount of Rs. 1 lakh from the deposited amount be released to the respondent. The amount be released within 4 weeks from the receipt of this writ. Petition is disposed of. ( H.L GOKHALE, J.)