1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12890 OF 2010 IN FIRST APPEAL NO. 1848 OF 2010 Somnath Digambar Udawant .. Applicant Versus Manda Hiralal Kale .. Respondent Shri R. R. Mantri, Advocate for the Applicant. Shri Mahesh C. Swami, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 22ND OCTOBER, 2010. PER COURT : . This is an application for stay of the impugned judgment and decree. The present applicant is the original defendant. The suit filed by the present non applicant/original plaintiff for specific performance of contract has been decreed. The first appeal is admitted by this Court. Shri Swami, learned counsel for the respondent submits that, the applicant has already admitted transaction between the parties. The present non 2 applicant also deposited the amount as directed by the Trial Court. In the light of the same the decree should not be stayed. 2. The decree is for specific performance, is an executable decree. With a view to stop further complications and multiplicity, the impugned judgment and decree deserves to be stayed. 3. In the light of the above interim relief in terms of prayer clause "B". The applicant shall not alienate, create any third party interest and encumbrance over the suit property. The civil application is accordingly disposed of. [S. V. GANGAPURWALA, J.] bsb/Oct. 10