JUDGMENT Alok Singh, J. (Oral).:- Present petition is filed under Article 227 of the Constitution of India, challenging the order dated 10.9.2009. 2. Brief facts of the present case are that plaintiff had filed suit for specific performance of contract. In the suit, plaintiff moved an application seeking permission of the Court to deposit balance agreed amount towards the sale consideration, which was rejected by the impugned order on the ground that the plaintiff failed to prove his readiness and willingness to perform the part of contract. 3. Since suit is still pending and all the issues have to be decided including the issue of readiness and willingness, hence in the opinion of this Court, the plaintiff can be permitted to deposit the amount sought to be deposited at his own risk subject to the decision of the issues involved in the case. 4. With the above observations, the plaintiff is permitted to deposit the balance amount of the sale consideration. The respondents will be at liberty to move an application for modification of the order in case they are aggrieved. ------------