1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 762/2010 IN First Appeal No. 317/2010 (Smt.Sarubai wd/o Bapurao Mankar & others VERSUS Ushabai Ashok Verma) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.G. Paunikar, counsel for the applicant. Shri C.V. Kale, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 30, 2010 . Heard. The first appeal is admitted by an order dated 30.03.2010. Since the suit for specific performance of contract is decreed against the present appellant, it would be necessary to stay the effect and operation of the judgment and decree passed by the trial Court on 16.01.2010 during the pendency of the first appeal. The effect and operation of the judgment and decree is, therefore, stayed. Since the trial Court has held that the respondent has proved that he has paid an earnest amount of Rs.2,20,000/-, the appellant is directed to furnish solvent surety/ security for an amount of Rs.3,50,000/- to the satisfaction of the Registrar(Judicial). The respondent is also at liberty to withdraw the balance consideration which is 2 deposited by the respondent in the trial Court in pursuance of the judgment and decree dated 16.01.2010. The withdrawal of the amount, if any, by the respondent, would, however, not mean that the respondent is not ready and willing to perform his part of the contract as permission to withdraw the amount is granted as the hearing of the first appeal may take some time. The appellant is restrained from creating any third party interest in the suit property during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE