A.O.85/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPEAL FROM ORDER NO.85 OF 2011 WITH CIVIL APPLICATION NO.13580 OF 2011 Kisan Bhausaheb Fulari .. Appellant Versus Ganesh Shankar Fulari and ors. .. Respondents Mr N.C.Garud, Advocate for appellant Mr N.V.Gaware, Advocate for respondents 1 and 2 Respondents 3 to 7 – formal parties CORAM : K.U. CHANDIWAL, J. DATE : 7th December 2011 PER COURT Heard. 2. Mr Gaware, on instructions from respondents 1 and 2 makes a statement that the respondents, who are contesting parties shall not alienate the disputed property. The learned Counsel also makes a statement, without prejudice to rights of the respondents, a consolidated amount of Rs.80,000/- will be deposited by respondents 1 and 2 before the Appellate Court at Ahmednagar within a month from today, which would be subject to decision of pending R.C.A.No.153/2008. 3. Mr Garud for the appellant has no objection to accept the above position, which would be without prejudice to rights and contentions of the appellant Kisan Fulari, emanating in R.C.A.No.153/2008. A.O.85/2011 2 4. Without disturbing the order rejecting Exh.7 by order dated 20.4.2008 and 30.4.2010, 1.10.2010 the respondents 1 and 2 to deposit Rs.80,000/- (Rs.Eighty thousand) before the learned Additional District Judge at Ahmednagar up to 8th January 2012. The respondents 1 and 2 shall not alienate the disputed property in the light of statement, referred above till disposal of R.C.A.No.153/2008. The learned Additional District Judge, Ahmednagar shall endeavour to dispose of the appeal by the end of January 2012. 5. With above terms, Appeal from Order dismissed. No order as to costs. 6. Civil Application No.13580 of 2011 disposed of. The interim relief dated 17.11.2011 is terminated. ( K.U. CHANDIWAL, J. ) (vvr/85.2011ao)