1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.5973 OF 2011 IN F.A.NO.905 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 04.05.2011. 1. Heard Mr.Rathi, learned counsel for the applicant and Mr.M.M.Patil Beedkar, learned counsel for the Respondent. 2. This is an application for stay of the impugned judgment and decree, by virtue of which the suit of the plaintiff for specific performance came to be decreed. The First Appeal is admitted. In that light of the matter the decree for specific performance will have to be stayed. 2 3. Mr.Patil, learned counsel for the Respondent opposes the application and submits that the non-applicant is in possession of the property and injunction is also clamped against the present applicant. 4. As far as decree to the extent of specific performance is concerned, the same is required to be stayed. As such clause (2) of the operative part of the impugned judgment and decree is stayed. The applicant shall without prejudice to the rights of the either parties, deposit the amount of Rs.3,00,000/- (Rupees three lacs) in this Court by 30.6.2011. The parties to the present application shall not alienate, create third party interest or change the nature of the suit property in whatsoever manner. 5. Pursuant to the decree passed by the trial Court, the non-applicant has also deposited an amount of Rs.3,72,000/- (Rupees three lacs seventy two thousand). As the decree for specific performance is stayed, keeping the said amount in the Court would not serve any purpose 3 as no sale deed would be executed in favour of the non-applicant. As such the non-applicant is allowed to withdraw an amount of Rs.3,72,000/- (Rupees three lacs seventy two thousand only) deposited by him without prejudice to the rights of the either parties. 6. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.04.05.2011. asp/office/Ca5973.11 4