- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.334 OF 2005 APPLICATION NO.334 OF 2005 APPLICATION NO.334 OF 2005 IN IN IN SECOND SECOND SECOND APPEAL NO.153 OF 2005 APPEAL NO.153 OF 2005 APPEAL NO.153 OF 2005 Santosh Baba Yadav ....Applicant vs. Vinayak Kaluram Kolte ....Respondent CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 28,2005. : APRIL 28,2005. : APRIL 28,2005. P.C.: P.C.: P.C.: 1. Rule. Respondent waives service. Decree is for redemption of mortgage. Till final disposal of the Second Appeal, execution of the decree will have to be stayed. If sum of Rs.8,000/- is deposited by the Respondent in the Trial Court on the basis of the decree of the Trial Court, the same will have to be invested in fixed deposit in any nationalised bank. 2. Civil Application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (b) subject to condition that the Applicant/Appellant will not create any third party interests in respect of the suit property and will not part with possession in favour of any third party. ii) In the event the Respondent has deposited a sum of Rs.8,000/- in the Trial Court on the basis of decree of the Trial Court, the same shall be invested in fixed deposit in any nationalised bank initially for a period of three years. Fixed deposit to be renewed till the date of disposal of the Appeal. - 2 - JUDGE. JUDGE. JUDGE.