1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3395 OF 2011 IN FIRST APPEAL NO. 489 OF 2011 Suresh Shivshankar Saddalgi ...Appellant/Applicant Versus Gautamchand Jivraj Sancheti ...Respondent Mr.Surel S. Shah for the applicant Mr.R.S.Apte, Sr. Advocate i/b. Anand Kulkarni for the Respondent CORAM:- A.V.NIRGUDE J. DATED:- 22nd NOVEMBER, 2011. P.C. 1. Heard. This application seeks stay of the execution of the impugned decree of specific performance and delivery of possession of the house. The appellant was defendant in the Lower Court and was directed by the Lower Court to execute the sale deed in favour of the respondent plaintiff. The suit property is still in possession of the appellant and I am told that he resides there. On the other the respondent plaintiff stays next door and apparently and allegedly wanted to purchase the suit property for enlarging his residential 2 area. It is the case of the respondent that the agreed consideration of the suit property was Rs.19,51,000/- and out of which he had handed over Rs.10,51,000/- as earnest money to the appellant at the time of agreement. During the pendency of the suit, as per the directions of this Court, the respondent deposited remaining amount Rs.9 lakhs in the court. When the appeal was filed, as per the earlier order passed by this court, the appellant deposited Rs.10 lakhs before the trial court. In view of this the Court has Rs.19,00,000/- with it and since the appeal is admitted the status quo of the suit property cannot be changed. 2. In addition to the earlier order, the appellant shall deposit Rs.51,000/- more in the trial court within four weeks. 3. The only solace the respondent could have, is in my view, the interest on the amount of Rs.19,51,000/-. 4. The trial court shall deposit the amount of Rs.19,51,000/- in a nationalized bank as fixed deposit, accruing quarterly interest, and the same shall be paid to the respondent every quarter. This arrangement shall continue till disposal of the appeal. 5. Application is disposed of. (A.V.NIRGUDE, J.)