1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 472 of 2008 IN SECOND APPEAL NO. 172 of 2008 Ramchandra Aba More .. Applicant versus Bapu Parshuram Raut & ors. .. Respondents ... Mr.P.B. Shah for the applicant. Mr.P.B. Gujjar for respondent no.1. CORAM : D.G. KARNIK, J DATED : 26th November 2008 P.C.: 1. Heard counsel for the applicants and respondent no.1. 2. The decree passed by the trial court confirmed by the appellate court is of an injunction restraining the applicant from disturbing possession of the respondent no.1. 2 3. During the pendency of the appeal before the lower appellate court, operation of the order of injunction was stayed. In the appeal also, ad-interim stay for operation of the order has been granted. It thus appears that there was no injunction operative against the appellants at any time till today. The sale deed has been executed in favour of applicant no.2. In the circumstances, operation of the order needs to be stayed during the pendency of the appeal subject however, to the applicants furnishing a security so as to protect the interest of the respondent no.1. Hence, I pass the following order:- O R D E R 4. Operation of the order passed by the trial court and lower appellate court is stayed subject to the applicants furnishing security in the sum of Rs.10,000/- before the lower appellate court within eight weeks. Security may be in the form of bank guarantee or cash or such other security as the lower appellate court accepts as adequate and proper. In the event security is not furnished, stay shall stand vacated without further reference to the court. 3 (D.G. KARNIK, J)