1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.1033 OF 2009 IN EXECUTION APPLICATION NO.278 OF 2008 Fusalal Hastimal ..Plaintiff. Vs. M/s. Toshali Impex and another ..Defendants. .... Mr. Piyush Shah with Mr. T.R. Yadav for the decree holder. Mr. K.P. Mali for the Applicant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 27th July, 2009. P.C. : 1. A decree has been passed against the judgment debtor by the Civil Judge, Junior Division, Dondaicha Court in Regular Civil Suit 32 of 2004. The suit has been decreed in the amount of Rs.73,181/- together with interest. The judgment debtor has filed an appeal, being Regular Civil Appeal No.89 of 2007 before the District Judge, Dhule. The Chamber Summons has been taken out under Order 21 Rule 26 of the Code of Civil 2 Procedure, 1908 for stay of the execution of the decree for a reasonable period to enable the judgment debtor to apply to the Appellate Court for stay of the execution of the decree. 2. Counsel appearing for the judgment debtor submitted that in terms of Order 26 this Court may direct a stay of execution. It has been urged that the District Court at Dhule is not disposing of the application for interim relief at Exhibit 5 perhaps because execution proceedings are pending before this Court and because the advocate appearing on behalf of the decree holder has been unable to attend the proceedings due to ill health. On the other hand, it has been submitted on behalf of the decree holder that in terms of sub rule (3) of Rule 26 of order 21, this Court should impose a condition as to monetary deposit while granting the stay. 3. At the hearing of the Chamber Summons, counsel appearing for the judgment debtor has stated that the judgment debtor would within a period of four weeks from today deposit the entire decreetal sum together with interest before the District Court at Dhule in Regular Civil Appeal 89 3 of 2007. Conditional on the aforesaid deposit being effected, within the period stipulated herein above, the execution proceedings shall remain stayed until the Civil Appeal is disposed of. The amount upon deposit shall be invested in a fixed deposit of a nationalized bank to be renewed periodically. However, it is clarified that this shall not preclude the District Court from entertaining and deciding any application for interim relief, during the pendency of the appeal in accordance with law including any application that may be made for withdrawal of the amount by the decree holder. The Learned District Judge at Dhule is requested to set down a time schedule for the disposal of Appeal 89 of 2007 preferably within six months from today. Upon the deposit of the entire decreetal sum together with interest as directed herein above, the attachment which has been levied shall stand raised in terms of prayer clause (c) to the Chamber Summons. In the event the judgment debtor fails to effect the deposit in terms of the aforesaid directions, the interim protection that has been granted shall stand vacated without any further reference to the Court. The Chamber Summons is accordingly disposed of in terms of the joint submissions made by the learned counsel in the 4 aforesaid terms. 4. Counsel appearing on behalf of the decree holder states on the instructions of the decree holder who is personally present before the Court that the Execution Application is also not pressed. The Execution Application is accordingly disposed of. *****