IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1960 of 2010 MD. RAIS @ MD. RASHISH, son of Late Md. Anis, resident of Mohalla Atardah P.s. Sadar, District Muzaffarpur ….. Petitioner Versus 1. SURAJ KUMAR 2. Shakti Vishal Both sons of Hasri Shankar Sinha, R/o Baishakhi ram Lane, P.S. Town, District Muzaffarpur. …. Opposite Parties ----------- 2 25.08.2010 Heard Mr. Shyam Sunder Pandey, learned counsel for the petitioner and Mr. Manoj Kumar Manoj, learned counsel for opposite party nos. 1 and 2. This application has been filed for modification of order dated 12.11.2009 disposing of C.R. No. 360 of 2006. The aforesaid order was passed after consensus having been reached between the parties and the petitioner was directed to deposit the arrears of rent and other payments as stated in the order along with the cost of Rs. 10,000/- (Rupees ten thousand) in faovur of the opposite parties within three months. Regular payment of future rent, was also directed to be made. Learned counsel for the petitioner submits that every thing has been paid and the future rent is also 2 being paid. However, by the mistake of the office of the concerned Advocate the cost amount of Rs. 10,000/- could not be deposited. However, the petitioner is ready to pay the same. Mr. Manoj Kumar Manoj appearing on behalf of opposite party nos. 1 and 2 does not raise any objection to this prayer. In above view of the matter, let the petitioner deposit the cost of Rs. 10,000/- (Rupees ten thousand) within three week from today. If the aforesaid amount is deposited within the aforesaid time then the court below would not treat the petitioner as defaulter in terms of non-compliance of the order dated 12.11.2009 for non-payment of the cost of Rs. 10,000/- (Rupees ten thousand) . Accordingly this application is allowed with the aforesaid observation. Spd/- ( Dr. Ravi Ranjan, J.)