1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7042 OF 1998 IN SECOND APPEAL NO. 473 OF 1995 Raosaheb S/o Bhausaheb Ghodke .. Applicant Versus 1. Yeshodabai W/o Ganesh Kulkarni and others .. Respondents Shri N. K. Kakade, Advocate for the Applicant. Shri A. A. More Advocate for the Respondents No. 1 to 5. CORAM : N. D. DESHPANDE, J. DATE : 11TH NOVEMBER, 2009. ORAL ORDER : 1. This is application filed by deceased appellant Raosaheb Bhausaheb Ghodke for stay to the judgment and decree passed in Regular Civil Suit No. 57 of 1981 by the learned Civil Judge Junior Division, Ashti and also to the judgment and decree in Regular Civil Appeal No. 124 of 1997 passed by the Additional District Judge, Beed. The application came to be filed on 11.09.1997. It is the apprehension that, both the Courts below dismissed the claim of the appellant/original plaintiff and the case of the appellant of agreement of sale and delivery of possession pursuant to that was 2 not considered by both the Courts below. Therefore, in order to protect the possession the stay application came to be filed. 2. The present appellant's are the legal heirs of the deceased appellant pursuant to the order passed on their application for condonation of delay and the application for bringing the legal heirs of appellant on record to prosecute the appeal being legal heirs. 3. In the light of the observations made in the said application, it is now made clear that, stay application of the deceased appellant and now represented by his legal heirs is being considered on the undertaking that, they would deliver the possession to the opposite party respondent in the event they lose the appeal and subject to decision therein. 4. The application for stay is allowed subject to filing of such undertaking on or before 02nd December, 2009. The application is accordingly disposed of. [ N. D. DESHPANDE, J.] bsb/Nov. 09