1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 1825/2010 IN First Appeal No.727/2010 (Abdul Rashid Abdul Ajij & others VERSUS Naresh Anandrao Shivankar & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms V. Y. Wasu, counsel for the appellant. Shri M.A. Sable, counsel for the R-1 & 2. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 7 , 2010 . Heard. The learned counsel for the non-applicants states that this Court may not stay the effect and operation of the judgment passed by the trial Court as the non-applicants- plaintiffs have deposited the balance consideration in the trial Court. Since the first appeal is admitted, it would be necessary to stay the effect and operation of the judgment passed by the trial Court during the pendency of the first appeal. The plaintiffs-non-applicants are at liberty to withdraw the amount deposited in the trial Court. The withdrawal of the amount by the plaintiffs-non-applicants would, however, not cause any prejudice to the case of the plaintiffs in regard to their readiness and willingness to perform their part of the contract. The judgment and decree 2 passed by the trial Court is stayed during the pendency of the first appeal. The appellants are, however, restrained from either alienating the suit property or creating any third party interest therein during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE