1 31 caf 1432.08.doc k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1432 OF 2008 IN FIRST APPEAL NO. 566 OF 2008 Atul Trimbak Bhange ..Applicant. Vs. M/s. D.G.Joshi (HUF Firm) ..Respondent. Mr. Dilip Bodake for the applicant. Mr. Sameer Deshmukh i/b Sanjeev A Sawant for the respondent. CORAM : D.B.BHOSALE, J. DATED : 27/10/2010. PC: 1 Heard learned counsel for the Parties. 2 By this Civil Application, the Applicant has prayed for stay of the impugned judgment. This Court on 17.03.2008 while issuing Rule on the Civil Application passed the following order: “1. Rule returnable on 2nd July 2008. In addition to service of notice through court, the Advocate for the Applicant shall serve private notice by Registered Post A.D. and/or by courier service and/or by hand delivery to the Respondent and shall 2 31 caf 1432.08.doc file Affidavit of service before the returnable date failing which the Application will stand dismissed for non prosecution. 2. There will be ad-interim relief in terms of prayer clause (a) subject to compliance with following conditions: i) The Appellant will not part with possession of the property in respect of which a decree has been passed by the trial court. ii) The Applicant will deposit the entire amount payable as per clause (2) of the operative part of the decree with the trial court within a period of eight weeks from today. If the amount is not deposited within stipulated period, ad-interim stay will stand vacated without further reference to the court.“ 3 Mr. Bodake, learned counsel for the Applicant submits that the Applicant has deposited the amount as per the order dated 17.03.2008 on 03.07.2008. He further submits that the 3 31 caf 1432.08.doc Applicant will not part with possession of the property in respect of which the decree has been passed by the trial court. In view thereof, this Civil Application is made absolute in terms of interim order dated 17.03.2008. 4 Civil Application is disposed of. 5 Liberty to the Respondent to apply for withdrawal of the amount if he so desires. (D.B.Bhosale, J.)