1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No.43/2009 [Smt. Lilabai Motiram Gawai .vrs. Ravindra S. Godghate] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. M.A. Bapat, Advocate for appellant, Mr. Thakkar, Advocate for respondent. .......... CORAM : P.D. KODE, J. DATE : MARCH 26, 2010. CAF No.3306/2009 Heard. Learned counsel for appellant has stated that respondent has deposited an amount of Rs.3,45,000/- for balance consideration in the trial court. He has urged that appellant has fair chances of successes in appeal, the application be allowed. He has further urged that appellant undertakes to file affidavit that he is in possession of suit property and appellant will not transfer/alienate or part with possession of same nor will create any encumbrance in same during pendency of appeal. Learned counsel has further urged that for serving ends of justice, the amount deposited in trial court may be ordered to be deposited in some Nationalized Bank. 2 Learned counsel for respondent though has vehemently contended of there being no chance of appellant in succeeding, has fairly stated that amount deposited in trial court be directed to be deposited in Nationalized Bank. In the premises aforesaid, stay in terms of prayer clause (2) subject to within 15 days the appellant filing an affidavit/undertaking before the registry of this court. Writ be issued only after such compliance. Inform lower court for depositing the amount deposited by the respondent towards part of consideration in Nationalized Bank for a period of three years with option of renewal. CA stands disposed of. JUDGE Gulande