.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2474 OF 2008 IN FIRST APPEAL NO. 961 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.A.K. Saxena for the applicant. CORAM : D.G. KARNIK, J. DATE : 20TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard. 2. This application is made by the applicant for stay of execution of the judgment and order passed by the trial court on 21st January 2008 in Special Civil Suit No.73 of 2001. 3. By the impugned order, the suit has been dismissed. Hence, there can be no stay for execution of the order of dismissal. Secondly, the applicant has prayed that the respondent may be restrained from withdrawing Rs.2,50,000/- - 2 - deposited in the trial court. The amount was deposited as a condition for setting aside the exparte decree passed against the respondent no.1. Since the suit has now been decided and dismissed, there is no necessity of keeping the money deposited in the trial court. Hence, that request also cannot be granted. 4. Civil application is accordingly dismissed. (D.G. KARNIK, J.)