1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 8301/2006 in F.A.No. 222/2006 Thakurdas Narayandas Purohit vs. Prashant Bhaskarrao Badnore ------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ------------------------------------------------------------------------------------- CORAM : A.P.Lavande,J DATE : 22.2.2008 Heard Mr. Panpaliya, learned counsel for the appellants and Shri Lakhe, learned counsel for the respondent. 2. By this application, the appellants seek modification of the order dated 8.11.2006 passed by this Court. The appellant preferred First Appeal No. 222/2006 against the decree passed by the trial court granting specific performance of the contract of the sale of an agricultural field in favour of the respondent. By order dated 8.11.2006 this court granted stay of the decree subject to several conditions including the condition that the appellant shall deposit Rs. 10,000/- on or before 31st December of every year beginning from 2006 till disposal of the appeal. It was also stipulated that if the said amount is not deposited interim protection granted to the appellant shall stands vacated. 2` 3. The above appeal was initially filed by the original appellant Thakurdas and during the pendency of this appeal the appellant died and his legal representatives have been brought on record. It is the contention of the appellants that the applicant no. 1 is a poor widow who has no source of income and as such she is not in a position to comply with the order dated 8.11.2006 in so far as it directs the appellants to deposit Rs. 10,000/- every year. According to the appellant all other terms and conditions subject to which the stay was granted have been complied with and, therefore, this is a fit case in which the order in so far as it directs the appellants to deposit Rs. 10,000/- every year deserves to be recalled. 4. In the course of arguments Mr. Panpaliya submitted that in the event if this court is not inclined to recall the said part of the order in entirety the appellants are ready and willing to deposit Rs. 2500/- every year on or before 31st December till disposal of the appeal and in the event this court modifies the order of depositing the amount from Rs. 10,000/- to Rs. 2500/- every year, the appellants be granted time of three months to deposit the amount due till date. 5. Mr. Lakhe, the learned counsel for the 3` respondent submitted that no case has been made out by the appellant for modification of the order and since the appellants have not deposited any amount till date the interim order stands vacated automatically. 6. Having considered the submissions made by the learned counsel for the parties and having also considered the facts and circumstances more particularly that the sole appellant has expired and the appeal is being prosecuted by his widow and two minor children I am of the considered opinion that in the interest of justice the condition of deposit of Rs. 10,000/- on or before 31st December of every year deserves to be modified by permitting the appellants to deposit the amount of Rs. 2500/- on or before 31st December of every year. Accordingly, the application is partly allowed. Condition no.3 in order dated 8.11.2006 stands modified and the amount is reduced from Rs. 10,000/- to Rs. 2500/- every year. The appellants are permitted to deposit the amount of Rs. 5000/- payable till date in this court within a period of ten weeks from today. It is made clear that in case the said amount is not deposited the respondent will be at liberty to execute the decree. The application stands disposed of. C.A.No. 5870/07 in F.A.No. 222/2006: 4` Mr. Lakhe, the learned counsel appearing for the respondent states that in view of the order passed in C.A.No. 8301/2006 this application does not survive any more. Hence, the application is disposed as infructuous. Judge patle