FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A. No. 6273 OF 2010 IN F.A. No. 1044 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. N.L. Choudhari, Advocate for applicant Mr. S.K. Barllota Advocate for respondent . ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 15th October, 2010 PER COURT : 1. This is an application for stay of the impugned Judgment and Decree. The decree is passed in favour of the plaintiff for specific performance of contract. As the First Appeal is admitted, the said decree will have to be stayed. In the light of the same, the impugned Judgment and Decree is stayed. 2. It is informed by the learned Counsel for the respondent that pursuant to the decree passed by the Trial Court the present respondent has deposited the amount as directed by the Trial Court and as the impugned Judgment and Decree is stayed, the amount has been lying idle in the Court. The learned Counsel for the applicant, on instructions, states that he would deposit the amount as and when directed by the Court, as such without prejudice to the right of either parties the applicant prays for withdrawal of amount. 3. In view of the facts that the impugned Judgment & Decree is stayed and the amount is lying idle in the Court, it would be in nobodies interest to keep the amount in the Court The present respondent is allowed to withdraw the amount deposited in trial Court as per the decree without prejudice to his rights. The present applicant shall not create any third party interest over the suit property in whatsoever manner. The Civil Application is disposed of. [ S.V. GANGAPURWALA ] JUDGE SDM*6273.10CA