1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.627 OF 2008 IN FIRST APPEAL NO. 1651 OF 2007 Sou Sujata Dilip Chordiya ..Appellant/ Applicant V/s. Shri Ramniwas Pokarmal Agarwal (Since deceased through his LR's) Smt.Santoshidevi Ramniwas & Ors. ..Respondents Mr.R.N.Sanghvi for the Appellant/Applicant. Mr.D.S.Joshi for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 26TH, 2008. P.C. By the above Civil Application, the Appellant/Applicant prays for stay to the Judgment and decree dated 7th August, 2006 which has been impugned in the above Appeal. The above 2 application was moved on an urgent basis by the Appellant/Applicant having been faced with the execution proceedings. This Court by order dated 13th February, 2008 had granted ad-interim stay on the conditions that the Appellant/Applicant to deposit the amount of Rs.1,00,000/- within a period of eight weeks. It appears that pursuant to the said order, the Appellant/Applicant deposited the said amount of Rs.1,00,000/- in the extended time which was extended by order dated 11th April, 2008. Thereafter, the matter had come up on 2nd May, 2008 on which day a statement was made on behalf of the Appellant/Applicant that the said amount of Rs.1,00,000/- has already been deposited and this Court therefore passed an order that the Appellant/Applicant to deposit entire decretal amount within a further period of three months. The said period expired on 2nd August, 2008. However, the Appellant/Applicant has not deposited the said amount and infact has filed Civil 3 Application No. 4441 of 2008 for variation / modification of the said order dated 2nd May, 2008. It would be pertinent to note that the said order dated 2nd May, 2008 has been passed after hearing the counsel for the Appellant/Applicant. The Appellant/Applicant is faced with a money decree of Rs.1,94,400/- with interest @ Rs.6 % p.a. from filing of the suit till its realization. The Principal amount therefore is Rs.1,94,400/- and according to the learned counsel for the Respondents the entire decretal amount comes in the region of Rs.3,00,000/- approximately. The Civil Application is, therefore allowed in terms of prayer clause “a” subject to the condition that the Appellant/Applicant deposit the balance of the principal amount of Rs.1,94,400/- within a further period of two months from date, no further extension of time would be granted. The said amount of Rs.1,00,000/- to be invested in a Nationalized Bank forthwith initially for a period 4 of three years and thereafter to be renewed for such periods as the Registrar of the District Court, Pune deems fit. On deposit of the balance amount of Rs.94,400/- the same also to be invested by the Trial Court initially for a period of three years in a Nationalized Bank and thereafter to be renewed for such periods as the Registrar of the District Court deems fit. 2. The Civil Application is therefore allowed to the extent mentioned herein above. 3. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.] 5