1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 3760/2007 (M/s Shivlal Madhavji & Sons vs. Gajanan Tikaramji Pathrabe and others) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: B.R. GAVAI , J. DATED: 1st February, 2008. *** Heard Mr. S. N Bhattad, learned counsel for petitioner and Mr. N H Shams, for respondents. 2. By way of present petition, the petitioner challenges the order dated 13th August 2007 vide which the application filed by the present petitioner for grant of stay to the execution of the decree passed in Summary Civil Suit No.1520/2002 came to be rejected. 3. Learned counsel for petitioner makes a statement that in pursuance to the order passed by this Court on 23.8.2007, the petitioner had deposited the decretal amount in the trial Court. I am of the view that the ends of justice would be met if the respondents- decree holders are permitted to withdarw the amount 2 deposited in the trial Court, on their furnishing an undertaking that in the event the petitioner succeeds in the appeal before the Appellate Court, they shall refund the same. In that view of the matter there shall be further stay to the execution proceedings till the disposal of the appeal. Petition stands disposed of with above directions. JUDGE sahare