1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CIVIL APPLICATION F NO.1726 OF 2009 & C.A. NO.220 OF 2010. WASUDEO S/O KODUMAL KHEMCHANDAQNI VS MAHENDRAKUMAR MOHANLAL AJMERA AND ONE ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Shri V. V. Bhangde, Advocate for the applicant. Shri J. J. Chanhdurkar, Advocate for the respondents. CORAM : A.H. JOSHI, J. DATE : 23 rd JULY, 2010. 1. Heard both sides. 2. In Special Civil Suit No.123 of 1998 filed by the complainant Wasudeo for decree for specific performance, the decree dismissing the suit was passed. The defendant's counter claim was decreed limited for recovery of possession, and prayer for compensation was refused. The unsuccessful plaintiff has filed appeal no.830 of 2009. The defendant has not filed appeal or cross objection. 2 3. Appeal has been admitted and this Court has passed the exparte order on ad interim stay, and injunction in Civil Application No.1727 of 2009. 4. Civil Application No.220 of 2010 has been filed by original defendant for modification of order dated 15-7-2009 passed in C.A. No.1727/2009. 5. In this application for modification, the applicant has prayed for relief of direction to the appellant plaintiff to deposit Rs.50,000/- per annum with permission to the respondents to withdraw the same. 6. After hearing the parties what has transpired is that the plaintiff is in possession of six acres of land on advance of earnest money of Rs.20,000/-, against agreed consideration of Rs.7,20,000/-. 7. In this background, this Court is of considered view that the interest of justice could be reasonably met by directing the 3 plaintiff appellant to deposit in this Court an amount of Rs.7,00,000/- which corresponds to balance of agreed price by way of condition for continuation for stay and injunction and the order of stay and injunction shall remain in force during pendency of appeal, without prejudice to the rights of parties. 8. Hence, all these three applications are decided with following order:- (a) Rule is made absolute in C. A. No.1726 of 2009. (b) Rule is made absolute in C. A. No.1727 of 2009 in terms of prayer clause (i) & (ii) with further direction that the applicant plaintiff shall maintain status quo as to title, possession and status of suit property. (c) The appellant/plaintiff shall deposit in this Court an amount of Rs.7,00,000/- (Rupees Seven Lakhs only) within four weeks from today. (d) Upon deposit of the amount of Rs.7,00,000/- (Rupees Seven Lakhs only) by appellant/plaintiff, said 4 amount be kept in fixed deposit in Nationalized Bank, for a period of 5 years with cumulative interest for the present and that the deposit shall be renewed without further directions until Court orders otherwise. (e) Costs shall cost in cause. Judge //mule//