1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.374 OF 2004 IN SECOND APPEAL NO.394 OF 2004 Shri Eknath Namdeo Pabale : Applicant. Versus Niyojeet Sangita Nagar Housing Society Yeola, through its Chief Promoter, Shri Krishnarao Shankarrao Gayate & ors. : Respondents. Shri S. M. Sabrad for the Appellant. Shri S. P. Thorat for Respondent Nos.1, 4 to 11. CORAM : R.M.SAVANT, J DATED : September 10, 2008 P.C. 1. Not on board. Taken on board by consent of the parties. 2. The above Second Appeal has been admitted by an order passed today. 3. By the above Civil Application, the Applicant prays for stay to the Judgment and Decree dated 30-4-2003 passed by the Lower Appellate Court by which the suit filed by the Plaintiffs/Respondents – Society came to be decreed. The decree is one for specific 2 performance of an agreement. There is already an order of status quo passed in the above Civil Application on 10th March 2004. 4. In my view, considering the nature of decree which is impugned in the above Second Appeal, the said ad-interim order directing the parties to maintain status quo is required to be confirmed and is accordingly confirmed. 5. The Civil Application is made absolute to the aforesaid extent. The Civil Application is accordingly disposed of. [R.M.SAVANT, J]