{1} ca187110.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1871 OF 2010 IN FIRST APPEAL NO.363 OF 2010 Vimalbai Amarsing Pardeshi and another Applicants Versus Manisha Bhimsingh Pardeshi Respondent Mr.G.V.Wani, advocate for the applicants. Mr.P.R.Patil, advocate for respondent-sole. CORAM : R.M.BORDE, J. DATE : 10 th June, 2011 PER COURT: This is an application seeking stay of execution of the decree passed by II Joint Civil Judge, Senior Division, Jalgaon, on 15.10.2009 in Special Civil Suit No.76/2005. Clause 3 of the operative order passed by the trial Court is a direction to defendants no.1 and 2 to deliver possession of suit property to the plaintiff. As the appeal preferred by defendants is admitted, the direction contained in clause 3 of the operative order, in respect of delivering possession, needs to be stayed. Learned Counsel appearing for original plaintiff contends that appropriate security may be secured from the defendants as they would be enjoying possession of the property by {2} ca187110.odt virtue of the interim order, which would be operating during pendency of the appeal. Considering facts and circumstances of this case, I am of the opinion that appellants – defendants need to be put to a condition for grant of stay. It is accordingly ordered that applicants – original defendants no.1 and 2 shall deposit an amount of Rs.20,000/- (Rs.Twenty thousand) in this Court every year till disposal of the appeal. The amount for the year 2011 shall be deposited by the end of August 2011 and for subsequent years, the amount shall be deposited by the end of March of relevant year. The interim order passed earlier is made absolute subject to the conditions enumerated above. Civil Application stands disposed of. R.M.BORDE JUDGE ******* adb/ca187110