FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No.13452 OF 2010 IN FIRST APPEAL NO. 1535 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. L.V. Sangeet, Advocate for applicant Mr. Girish Rane, Advocate for respondent Nos. 1 to 4 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 8th October, 2010 PER COURT : 1. Heard Shri Sangeet, learned Counsel for the applicant and Shri Rane, learned Counsel for the non applicants. 2. The non applicants are the original plaintiffs. Their suit for specific performance of contract has been partly decreed to the extent of the earnest amount with interest. The non applicants have approached this Court and filed appeal, challenging the Judgment and Decree to the extent of non grant of relief of specific performance of contract. The said appeal is admitted by this Court. The original defendant has moved present application seeking relief to deposit the amount as directed by the Trial Court vide impugned Judgment and Decree. 3. Shri Rane, learned Counsel for the non applicants submits that the said amount that is sought to be deposited by the applicant should be without prejudice to the rights of the non applicant / appellant. 4. In the light of the above, the applicant is allowed to deposit the amount of Rs. 1,06,500/- (Rs. One lakh six thousand five hundred) without prejudice to the rights of either parties i.e. the applicant or the non applicants, and without any right to claim equity. If the said amount is deposited, the same amount be kept in fixed deposit in any Nationalised Bank. The Civil Application is disposed of. [ S.V. GANGAPURWALA ] JUDGE SDM 13452.10