1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. No.1874/2009 in First Appeal No.861/2009 ( Pravin Borkute ..V/s.. Smt. Kavita Ambhore ) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. R.M. Shrma, Advocate for appellant. Mr. Masood Shareef, Advocate for respondent. Coram : F.M.REIS, J.. Dated : 9th February 2010. Heard the learned counsel for the applicant and the learned counsel for the respondent. This is an application filed by the applicant for stay to the impugned judgment and decree dated 18/3/2009 passed by the learned 2nd Joint Civil Judge (Senior Division), Nagpur in Special Civil Suit No.27/2005. By the impugned judgment and decree the respondent has been declared to be the owner of the suit property and the appellant has been restrained by permanent injunction from causing any obstruction and interference to the 2 lawful possession of the respondent upon the suit property. It is the case of the respondent that in view of exchange executed between the respondent, who is sister of the appellant, and the appellant 0.63 R of land to which respondent was entitled in the inheritance was exchanged whereby the appellant was supposed to pay a sum of Rs.12,50,000/- and a plot admeasuring 10000 Sq. Ft. It is further contention of the respondent that though the sum of Rs.12,50,000/- was paid nevertheless the plot of 10000 Sq. Ft. has not been delivered to her though the said exchange was executed in the year 1998. It is further contention of the respondent that on the basis of the said exchange the appellant is allotted plot No.R-5. This fact is disputed by the learned counsel for the appellant. Be that as it may, it is admitted fact that 0.63 R area which was allotted to the respondent has been appropriated by the appellant without paying full consideration thereof to the respondent. Considering the contentions of the appellant and the respondent, in view of the fact that the appellant has been enjoying the property of the respondent without paying the consideration as agreed for and in the interest of justice, I find that the impugned judgment 3 and decree dated 18/3/2009, passed by the learned 2nd Joint Civil Judge (Senior Division), Nagpur can be stayed subject to the appellant is put to terms. The learned counsel for the respondent states that the value of the property today is rupees Two Crore which is also disputed by the appellant. The fact remains that 10000 Sq. Ft. plot agreed to be delivered by the appellant has not been delivered to the respondent. In the facts and circumstances of the case, the impugned judgment and decree dated 18/3/2009 passed by the learned 2nd Joint Civil Judge (Senior Division), Nagpur is stayed subject to the appellant's depositing a sum of Rs.5,00,000/- within one week from today. The respondent shall be entitled to withdraw the said sum of Rs.5,00,000/- subject to furnishing an undertaking to this Court to the effect that in case any adverse order is passed against her in the present appeal, the said amount shall be refunded to the appellant. The said amount will be subject to final orders in the present appeal. The deposit by the appellant and the withdrawal permitted to the respondent is without prejudice to the rights and contentions of the parties in the appeal. Considering the dispute which is between family members of the family, liberty is given to 4 the respondent to apply for early hearing after three months. During the pendency of the appeal, the parties are directed to maintain status-quo in respect of the suit property as on today. Judge. Tambaskar.