FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil application no.105/2010 in F.A.No. 17/2010 Gajanan Baliram Mankar (..V/s..) Prabhakar Bulaji Wakhare & Ors. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. Sudhir G. Malode Mr. N.B. Naidu. Coram : F.M.REIS, J.. Dated : 22nd January 2010. Heard learned counsel for the Appellant and Respondent. This is an application for stay of the impugned judgment and decree dated 6.4.09 passed in Special Civil Suit no. 433/03 by the learned 8th Jt. Civil Judge, Nagpur. By the impugned judgment and decree the applicant had been directed to deliver the possession of the suit property to the respondent no.1. The learned counsel appearing for the respondent no.1 opposed the grant of any stay by this court, as according to him he has paid a sum of Rs. 3,50,000/- at the time of execution of the sale deed in his favour by the respondent no.2 who is the brother of the appellant. It is further his contention that the income of the property is being appropriated by the applicant though the possession of the suit property is to be delivered to the respondent no.1. The learned counsel appearing for the Respondent no.1 submits that the applicant has not paid any amount from the respondent no.1 but the said amount if at all has been received by the respondent no.2. He further submits that the property was undivided and the respondent no.2 was not entitled to execute the sale deed. Having heard learned counsels and on perusal of the record, I find that in case the impugned judgment and decree is not stayed, the appeal will become infructuous. Nevertheless, in the interest of justice, the impugned judgment and decree can be stayed subject to putting the appellant on terms in peculiar facts of the case. As such the impugned judgment and decree dated 6/4/09 is stayed subject to the appellant depositing in this court a sum of Rs. 15,000/- yearly which shall be deposited in the month of April of every year until the disposal of the above appeal. The amount for the current year shall be deposited from April, 2010. The amounts deposited shall be without prejudice to the rights and contentions of both the parties and shall be subject to final orders to be passed at the disposal of the above appeal. Application stands disposed of accordingly. Judge. Hirekhan.