1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 170/2010 IN First Appeal NO. 45/2010 (Chintaman Ganpatrao Tiple & another VERSUS Smt. Vitabai Govindrao Bandre & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Kapil Deshmukh h/f Shri D. Gupta, counsel for the appellants. Shri S.K. Pardhy, counsel for the R-1. Shri Mirza h/f Shri M. Shareef, counsel for the R-2. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 30, 2010 . Heard. The first appeal is admitted by an order dated 25.01.2010. The matter arises out of a decree for specific performance of contract. In the facts and circumstances of the case, it would be necessary to stay the effect and operation of the judgment and decree dated 24.11.2009 during the pendency of the first appeal. Hence, the judgment and decree dated 24.11.2009 is stayed. In case, the respondent-plaintiff has deposited the balance consideration in the trial Court, the respondent is permitted to withdraw the same or make an application before the trial Court for placing the same in a fixed deposit account of a nationalized bank for a specific period during the pendency of the first appeal. The withdrawal of the said 2 amount by the plaintiff-respondent would, however, not prejudice the case of the plaintiff so far as his case for readiness and willingness to perform his part of the contract is concerned. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE