1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.393/2009 IN FIRST APPEAL ST. NO.11653/2008 Udyabhan s/o Vithobaji Sontakke ...Versus... Abdul Latif s/o Munirbhai Sheikh and another ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri P.M. Deshkar, Adv. for applicant] [Shri H.M.S. Athar, Adv. for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 18.06.2009 No reply has been filed by the Collector to this application for filing appeal as indigent person. Heard. For the reasons stated in the application, applicant is permitted to file appeal as indigent person. Appeal be registered. Civil Application stands disposed of. FIRST APPEAL ST. NO.11653/2008 Heard. Admit. Advocate Shri Athar waives service for respondent. 2 CIVIL APPLICATION ST. NO.11657/2008 This is an application for grant of stay of the impugned judgment and decree. Learned Counsel for applicant states that earnest amount of Rs.1,50,000/- that was received by the applicant shall be deposited in this Court within a period of six months from today. There shall be stay of the impugned judgment and decree subject to deposit of the said amount within a period of six months from today. If the amount is not deposited in this Court, stay shall stand vacated automatically without further reference to this Court. If the amount is deposited, the same shall be invested in fixed deposit as per standing orders. Learned Counsel for respondent/plaintiff submits that he has already deposited balance amount in accordance with the judgment and decree made by the trial Court vide C.C.D. No.168 dated 3.5.2008 and the same would lie and to nobody’s benefit. He, therefore, submits that without prejudice to the rights of the respondent to this appeal he should be allowed to withdraw the amount of Rs.3,00,000/-. Statement accepted. Respondent is allowed to withdraw amount of Rs.3,00,000/- deposited without prejudice to the rights of the respondent/plaintiff which will be decided ultimately in the present appeal. Applicant shall maintain status quo in respect of the suit property until further orders. 3 Applicant to file legible xerox/typed copies of depositions of witnesses examined by both the parties so also relevant documents, which shall be accepted by the office as paper book. JUDGE ssw