1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 1796/2010 IN First Appeal No. 771/2010 (Satyabhama Chintamanji More VERSUS Sandesh Bhauraoji Jamgade) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.U. Bhuyar, counsel for the appellant. Shri N.N. Thengre, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 21 , 2010 . Heard. The learned counsel for the respondent strongly opposes the prayer made in the civil application and states that the balance consideration has been deposited in the trial Court. The learned counsel for the respondent further states that the respondent had paid an amount of Rupees One Lac to the appellant as earnest amount and the appellant has neither deposited that amount in this Court nor has furnished solvent surety/security for the said amount. Since the first appeal is admitted and the matter relates to a decree for specific performance of contract, it is necessary to stay the effect and operation of the judgment passed by the trial Court during the pendency of the appeal. Hence, the judgment passed by the trial Court is 2 stayed during the pendency of the first appeal. The appellant is, however, directed to furnish solvent surety/security to the tune of Rs.2,00,000/- to the satisfaction of the trial Court within a period of two months from the date of this order. The appellant is directed to pay the costs of the proceedings to the respondent within a period of two months. The respondent is permitted to withdraw the balance consideration, which is deposited in the trial Court. The withdrawal of the balance consideration would, however, not mean that the respondent is not ready and willing to perform his part of the contract as he had deposited the amount in the trial Court after the decree was passed. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE