1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8974 OF 2010 IN FIRST APPEAL NO. 1407 OF 2010 Sanjay Umakant Ambatkar .. Applicant Versus Nandlal Surajmal Bothre and another .. Respondents Shri S. P. Bhrame, Advocate for the Applicant. Shri A. D. Kasliwal, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 03RD SEPTEMBER, 2010. PER COURT : . This civil application is filed by the appellant for stay of the judgment and decree passed by the 04th Joint Civil Judge Senior Division, Aurangabad, dated 19.04.2010 in Special Civil Suit No. 379/2008. The present appellant is the original defendant No. 2. The Trial Court has passed a decree in favour of original plaintiff for specific performance of contract. The original defendant No. 1 has sold the suit property to the present applicant/original 2 defendant No. 2 through the registered sale deed prior to the filing of the suit. 2. The Trial Court has found that the plaintiff is entitled for specific performance of contract and has passed the impugned judgment and decree. Pursuant to the decree passed by the Trial Court, the original plaintiff has deposited the amount of Rs. 7,75,000/- as directed by the Trial Court. 3. I have heard Shri Bhrame, learned counsel for the applicant/appellant and Shri A. D. Kasliwad, learned counsel for the original plaintiff. 4. It is not disputed that the property is in possession of the present applicant. The appeal is admitted, the contentions would be decided at the time of final hearing. During the pendency of present proceeding the possession of the applicant deserves to be protected, so also the execution of the decree would be required to be stayed. At the same time, the original plaintiff has deposited an amount of Rs. 7,75,000/- as directed by the Trial Court. In the light of the above I pass the following order : 3 I. The impugned judgment and decree dated 19.04.2010 passed by the 4th Jt. Civil Judge Senior Division, Aurangabad in Spl. C. S. No. 379/2008 is stayed till the disposal of appeal. II. The original plaintiff who has deposited Rs. 7,75,000/- in the Trial Court is allowed to withdraw the same. The plaintiff may deposit the said amount if directed by the Court. III. The applicant during the pendency of the appeal shall not alienate or create third party interest nor change the nature of the suit property. IV. The civil application is accordingly disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept.10