1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1187 OF 2010 Ramesh M. Verma Vs. Dr. Sharadchandra T. Palsodkar & Another Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders ________________________________________________________________________________ Shri R. M. Mardikar Adv., for petitioner. CORAM: B. P. DHARMADHIKARI J. Dated: 11 th MARCH, 2010. Suit for specific performance has been partly decreed against present petitioner and he has been directed to pay damages of Rs. 54,000/- along with further damages at the rate of Rs. 1500/- P. M. w.e.f. 23.07.2007. This judgment and decree in Civil Suit is questioned in Regular Civil Appeal 9 of 2009. District Judge-I Akot on 13.01.2010 while considering prayer for stay made therein by petitioner has directed the petitioner to deposit amount of Rs. 50,000/- within two months and has stayed execution of decree during pendency of appeal subject to deposit. It is also observed that amount in deposit shall not be paid to respondent/plaintiff. 2 Shri Mardikar learned counsel contends that this condition of deposit is unwarranted. He has invited attention to the agreement between the parties particularly the extension of time as recorded in margin thereon and also to ground No. 7 in his appeal memo. It is apparent that contention pertains to controversy which can be looked into by appellate Court. Decree passed against petitioner is money decree and appellate Court has directed him to deposit lump sum amount of Rs. 50,000/- and not exact amount of the decree. His interests are also protected by not permitting the respondent to withdraw that amount. Hence no interference in the order is called for. Writ Petition is therefore dismissed. No costs. JUDGE svk 3 4 5