FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] 171/2010 IN FIRST APPEAL NO.46 OF 2010 & CROSS OBJECTION 7/2010 Smt. Vitabai Govindrao Bandre ..vs.. Shri Chintamana Ganpatrao Tiple & others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Pardhy, advocate for appellant Shri Masood Shareef advocate for respondent no.3. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 31st, 2010 . Heard the learned counsel for the parties. Perused the judgment passed by the trial court. In the facts and circumstances of the case, since the first appeal is admitted, the judgment and decree passed by the trial court on 25.11.2009 is stayed. It appears that the respondent/ plaintiff has deposited the balance consideration in the trial court. Since this appeal will remain pending before the court for some time. The respondent/ plaintiff is permitted to withdraw the amount deposited in the trial court. The withdrawal of the amount by the plaintiff shall not however, prejudice his case in regard to his plea of readiness and willingness to perform his part of contract. Civil application is allowed and disposed of. JUDGE SMP