.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5680 OF 2008 IN CROSS OBJECTION (S) NO. 26001 OF 2008 IN FIRST APPEAL NO. 1656 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.S.M. Kamble for the applicant. Mr.Rohan Darandale i/b Mr.S.V. Sadavarte for respondents nos.1 to 4. CORAM : D.G. KARNIK, J. DATE : 28TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard learned counsel for the applicant and the respondents nos.1 to 4. 2. By this application, the applicant prays for stay of the operation of the order dated 13th March 2008. By that order, the trial court had directed the applicant (original defendant no.1) to pay Rs.3,00,000/- with interest to the original plaintiffs. Thus, the order is for payment of money. 3. This Court has followed a consistent practice of not granting unconditional stay for execution of a money decree. No special case has been made out for making departure from the said practice. Only conditional stay can be granted. Hence, I pass the following order: ORDER (a) The execution of the decree passed by the trial court is stayed subject to the applicant depositing within 4 weeks the entire amount of the money decree along with the interest in the trial court. (b) On such deposit, the original plaintiffs are permitted to withdraw the amount by furnishing security to the satisfaction of the trial court. In the event the security is not furnished within 4 weeks of the deposit, the money shall be invested in a nationalised bank of the choice of the applicant if so indicated at the time of deposit or else in the State Bank of India initially for a period of 13 months or such nearabout term as would fetch better rate of interest. The deposit shall be renewed from time to time till the disposal of the appeal or until the original plaintiffs make an application for withdrawal of the money. (c) Civil application is disposed of. (D.G. KARNIK, J.)