1 ca 5436.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5436 OF 2010 IN FIRST APPEAL NO. 897 OF 2010 1. Sopan S/o Yeshwantrao Mule and ors. .. Applicants Versus Kishor S/o Omprakashji Tiwari .. Respondent Shri Dalal, Advocate h/f Shri V. D. Salunke, Advocate for Applicants. Smt. S. D. Tambat, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 13TH APRIL, 2011. PER COURT : . Heard the learned counsel for the respective parties. This is an application for stay of the impugned judgment and decree which is passed by the Trial Court for specific performance of contract. The first appeal is admitted. In that light of the matter, the impugned judgment and decree is stayed pending hearing and final disposal of the first appeal. It is observed by the Trial Court that present appellants have received Rs. 2 ca 5436.10 3,00,000/- (Rs. Three Lacs only) as an earnest amount. The applicants shall deposit the said amount of Rs. 3,00,000/- without prejudice to the rights of either parties within a period of eight weeks from today. The applicants shall not alienate, create third party interest or change the nature of the suit property. The civil application disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11