1 ca 11894 of 2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.11894 OF 2011 IN FIRST APPEAL NO.2720 OF 2011 ( Amit s/o Arunkumar Devane v/s Ramakant s/o Vishwanath Devane ) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : SMT.MRIDULA BHATKAR, J. DATED : 14th October, 2011. Mr.S.Y.Patil, Advocate for the applicant. Mr.A.V.Patil, Advocate for respondent. PER COURT : 1. Heard. 2. The application is moved for stay to the execution of Judgment and decree. The respondent is original plaintiff who has filed the suit for money recovery of Rs.6,25,000/- and interest thereon. The appellant/original defendant and respondent/original plaintiff belong to one family and owned agricultural 2 ca 11894 of 2011 land jointly. The appellant has taken loan of Rs.5,00,000/- from Vaidyanath Urban Co- Operative Bank in July 2002. The loan was not repaid. The bank initiated recovery proceedings and original plaintiff being the guarantor, the Bank auctioned his property. Thereafter, original plaintiff filed suit for recovery of the said amount against the applicant. The suit was decreed. The said Judgment and decree is under challenge in the present appeal. 3. Applicant has taken defence that respondent was never guarantor for the said loan transaction and the bank has wrongly initiated recovery proceedings against him. Learned counsel for the applicant submits that the suit was wrongly decreed and therefore the impugned order is required to be stayed. 4. The application for stay is opposed by respondent. 3 ca 11894 of 2011 5. The plaintiff has filed the suit for money recovery and the suit is decreed. Amount was recovered by the Bank against the loan which was taken by the appellant. Appellant has not deposited any amount till today. 6. Appellant is directed to deposit 80% of the decreetal amount with the interest, within ten weeks from today. On this condition stay is granted. If the amount is not deposited within ten weeks, then stay will be vacated forthwith, without further reference to the Court and the respondent is free to take out execution proceedings against the applicant. Civil Application allowed accordingly. (SMT.MRIDULA BHATKAR J ) dsp/ca.11894.11