1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (f) NO. 2279/2011 IN FIRST APPEAL NO. 589/2011 (Narendra Bansilal Choudhary vs. Harish Bhagwandas Sugandh and others ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.B. Gaikwad, Adv. for appellants/applicants Mr. R.R. Srivastava, Adv. for Respondents 1 to 3 Mr.Gadhia, Adv. h/for Mr A.M.Ghare, for Respondent no.4. CORAM : A.B.CHAUDHARI,J. DATED : 20th September,2011. Heard. 2. By this application, the appellant/applicant is seeking stay of the effect and operation of judgment and decree dated 22nd March, 2011 passed by 3rd Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No.1047/2005 as also stay of further proceedings in Special Darkhast No.123/ 2011pending before the said Court. 3. After hearing learned counsel for the parties, this Court has on date admitted the Appeal by a separate order. Appellant claims that he is owner of the entire property and his wife(respondent no.4 herein) could not have entered into an agreement to sell the same with respondents 1 to 3 (original plaintiffs). There is a finding about receipt of earnest amount of 2 Rs. 3 lacs by the appellant. Respondent nos. 1 to 3 do not claim that they had received possession of suit property after entering into agreement. Rather, it is admitted by the plaintiffs, by seeking decree of possession, that possession still rests with appellant or his wife (defendant no.4). 4. In the light of the aforesaid position, I grant stay of the impugned judgment and decree in SCS No.1047/2005 and Special Darkhast No.123/2011, subject to the appellant depositing the sum of Rs.3 lacs within ten weeks from today. Upon deposit thereof, the same shall be invested as per Standing Orders. Appellant and/or respondent no.4 shall not create third party rights or interest in and over the suit property pending final disposal of Appeal. This order is made without prejudice to the rights of the parties to the Appeal and the Suit. Civil Application stands disposed of accordingly. JUDGE sahare