1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11693 OF 2010 IN FIRST APPEAL NO. 1828 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders Shri A.S.Bajaj, Advocate for appellants Shri. V.I.Thole,Advocate, for respondent No.1. ..... CORAM : NARESH H.PATIL & K.K.TATED, JJ. DATE : 21ST SEPTEMBER, 2010 PER COURT : 1. Heard learned counsel for the parties. 2. Mr.Bajaj, learned counsel appearing for the applicants submits that in the facts and circumstances of the case, execution and operation of the Judgment and Decree, dated 19.03.2010 in Special Civil Suit No. 44 of 2008 passed by the 4th Joint Civil Judge (Sr. Divn), Aurangabad requires to be stayed, otherwise the applicants would suffer irreparable loss/damage, if the sale deed is executed. 2 3. Mr. Thole, learned counsel appearing for the respondent-Original plaintiffs submits that consequent to the order passed by the trial Court, an amount of Rs.66,50,000/- (Rupees Sixty Six Lacs and Fifty Thousand) has already been deposited in the trial Court. The applicants- Original defendants have not executed the sale deed in their favour, even after deposit of the amount. The respondents be allowed to withdraw the said amount subject to outcome of the proceeding of this appeal, if the applicants are granted interim relief. 4. Mr. Bajaj, learned counsel appearing for applicants opposed the request made by the counsel for the respondents in respect of withdrawal of the amount deposited in the Court, and submits that in case the respondents-original plaintiffs are allowed to withdraw the amount deposited in the trial Court, same shall be allowed without prejudice to the rights of the parties. 5. We have perused the impugned judgment and decree. Considering the submissions advanced by the learned counsel for the parties. We pass following 3 order: Order i] Pending hearing and final disposed of the appeal, there shall be interim relief in terms of prayer clause- [B]. ii] Respondents-Original plaintiffs are entitled to withdraw an amount of Rs.66,50,000/- (Rs. Sixty six Lacs Fifty Thousand) from the trial Court, in case said amount is deposited, without furnishing security and without prejudice to the rights of the parties. Iii] Civil Application is disposed of accordingly. Sd/- Sd/- [K.K.TATED, J.] [ NARESH H.PATIL J.] MTK