1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6409 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.A.A.Khan, advocate for the petitioners. CORAM : S.V.GANGAPURWALA,J. Date : 25.08.2011. 1. Heard. 2. The Respondent had filed suit for recovery of compensation. The trial Court partly decreed the suit to the extent of Rs.60,000/-. The petitioners preferred appeal. The appeal is pending before the District Court. The petitioners moved an application Exh.5 for stay of the execution of the judgment and decree passed by the trial Court. The lower appellate Court allowed the said application on condition that the petitioners deposit the entire decretal 2 amount within a period of one month. The petitioners being aggrieved thereby, have filed the present Writ Petition. 3. Mr.Khan, learned counsel for the petitioners vehemently contended that the plaintiff has filed a false suit. The plaintiff had never taken the crop of turmeric and ginger. Even the chart filed on record issued by the competent authority shows that no such crop was sown. The learned counsel further contends that the plaintiff is not exclusive owner of the land and he has falsely claimed to be the exclusive owner. The total amount could not have been awarded. The learned counsel further contends that the decree is joint and several and the present petitioners are being made to pay the total amount. According to the learned counsel the petitioners are the poor persons and they may not be directed to deposit the amount. 4. The decree passed by the trial Court is a money decree. Order 41 Rule 1(3) read with Order 4l Rule 5(2) of the C.P.C. gives jurisdiction and discretion to the appellate Court 3 to direct the appellant to deposit the amount in case the decree is a money decree. All the contentions raised by the petitioners in the Writ Petition, so also in the appeal would be considered by the appellate Court while dealing with the appeal on merits. The appellate Court has also granted stay to the execution of the judgment and decree passed by the trial Court and while granting stay has imposed the said condition of depositing the amount. The discretion has been exercised in a rational manner. This Court in its jurisdiction under Article 227 of the Constitution of India, would not interfere with that discretion which is exercised in a plausible manner. 5. The Writ Petition as such is dismissed. However there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.25.08.2011. asp/office/wp6409.11 4