1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12169 OF 2009 IN SECOND APPEAL NO. 298 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. S.P. Tilve, Advocate for the applicant. Mrs. Sangita D. Tambat (Dhumal), Advocate for respondents. CORAM : V.R. KINGAONKAR, J. DATE : 25TH NOVEMBER, 2009 . Heard learned Counsel for the parties. 2. The application is for vacating of the interim stay. The appellants are the original defendant Nos. 1 and 2. The trial Court directed them to refund the earnest amount alongwith amount of interest, whereas the first Appellate Court decreed the suit for specific performance. The stay to the decree is 2 granted in as much as if the specific performance is completed under the decree, the appellants are likely to get frustrated. The relief of vacating the stay order would mean the execution of the sale deed as directed by the first Appellate Court and also the remaining compliance. Consequently, the application is rejected. However, having regard to the age of the applicant shown in the application, the final hearing of the appeal is expedited. The appeal be scheduled for final hearing in the first week of March 2010. [ V.R. KINGAONKAR, J.] sut/NOV09/ca12169.09