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Judgment
S.R. Brahmbhatt, J.—Heard learned advocate Shri Dastoor for the Petitioners and Mr. Amin, learned advocate for Respondent No. 4.
Shri Amin, learned advocate appearing for Respondent No. 4 submitted that, this Court (Coram: K. S. Jhaveri,J.) on 20.12.2004 has passed an order, whereunder, staywas granted on condition that the Petitioners woulddeposit an amount of Rs. 1,31,83,684=00 (Rs. One crore Thirty one Lacs eighty three thousand six hundred eighty four only) within a period of two months from the date of order. In case, if the amount is not so deposited, then, it was left open to the Respondents to implement the order impugned in the petition.
Shri Amin, learned advocate submitted that no amount is deposited and proceedings u/s 152 of the Bombay Land Revenue Code are going on. In other words, the petition now has become in fructuous on account of not depositing the amount and order impugned is under implementation.
Shri Dastoor, learned advocate for the Petitioners submitted that he has no instructions whatsoever but he could not in any way controvert the submission made by Shri Amin at bar. Shri Dastoor, learned advocate for the Petitioners submitted that the Petitioners have not come forward to give any instructions to him and he submits that in that view of the matter, the Court may pass order declaring it to be in fructuous. Shri Dastoor while submitting this, requested the court that liberty be reserved to the Petitioners in case of difficulty. The request made by Shri Dastoor is misconceived as there is always liberty to approach this Court in case of difficulty.
Order accordingly. Matter is disposed of as having become in fructuous. Rule discharged. Interim relief stands vacated. No costs.