: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.479 OF 2005 IN SECOND APPEAL NO.240 OF 2005 Narendrasingh Santasingh Chhadah ..Applicant Versus Shri Bhagirath Chhabildas Ponda ..Respondent Mr.P.M.Chakurkar for applicant None for respondent CORAM : P.V.KAKADE, J. DATE : 19TH AUGUST 2005 P.C.: 1. Heard the learned counsel for the applicant. None appears for the respondent, though duly served and filed affidavit in reply. 2. I have perused the judgments of both the courts below as well as affidavit in reply. 3. It is stated at the bar that the entire decretal amount is already deposited in the trial court by the appellant. Perusal of the record shows that there is : 2 : legal issue, which required consideration in depth and therefore, I am inclined to grant this application. Hence, application is made absolute in terms of prayer clause (b) on condition that the appellant shall continue to deposit the damages as well as mesne profits on quarterly basis, as and when they accrued, in the lower court, failing which the Stay granted by this court shall automatically vacated without reference to the court. With this direction the application stands disposed of with no order as to costs. . Put up the appeal for admission.