1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (f) NO. 1110 /2011 in FIRST APPEAL NO. 374/2011 (Triloksingh Ramkisansingh Gaur vs. Sevaram Khiyani (Dead) Through LRs ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. B N Mohta, Adv. for applicant/appellant Mr N B Kalwaghe, Adv.for respondents 1 to 7 CORAM : A.B.CHAUDHARI,J. DATED : 20th September,2011. Heard. By means of this Application, the appellant/applicant is seeking stay the effect of impugned judgment and decree dated 14.1.2011 passed by learned 3rd Joint Civil Judge,S.D. Wardha in Spl. Civil Suit No. 162/2007 i.e. regarding specific performance of contract. Learned counsel for the appellant submits that transaction in question was a loan transaction and he had received Rs. 60,000/- out of which Rs. 40,000/- were paid. As against this, the finding recorded by the trial Court is that the appellant has received Rs. 1 lakh towards earnest money. Learned counsel for the respondents submits that the entire balance amount out of the total consideration has now been deposited in the trial Court in terms of the decree in question. He, therefore, submits that the same should be allowed to be withdrawn and the appellant should be directed to deposit amount of earnest as 2 found by the trial Court, with further direction not to create any third party right. I have heard learned counsel for the rival parties. There is a finding of fact recorded by the trial court that the appellant had received an amount of Rs. 1 lakh towards earnest money. That is, of course, under challenge and the earnest amount will have to be deposited in this court. At the same time, the respondents are allowed to withdraw the balance amount deposited by them for completing specific performance of the contract as per the decree. The appellant to deposit Rs. 1 lakh within eight weeks. The respondents are allowed to withdraw the balance amount of consideration from the trial Court. The amount of Rs. 1 lakh which would be received, shall be invested in a nationalised Bank as per the Standing Orders. The appellant shall not create any third party right or interest in the suit property. The order is made without prejudice to the rights of the parties to this Appeal and suit. Civil Application for stay is disposed of accordingly. JUDGE sahare