.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5306 OF 2008 IN FIRST APPEAL NO. 2048 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.R.S. Datar for the appellant. Mrs.Neeta Karnik for the respondent. CORAM : D.G. KARNIK, J. DATE : 14TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard both sides. 2. The appeal is already admitted. The appellant is in possession of the property. The trial court has also recorded a finding of fact that the appellant has paid the entire consideration. In the circumstances, the possession of the appellant needs to be protected. 3. It is however the case of the respondent that out of the total consideration of Rs.4,75,000/-, balance consideration of Rs.75,000/- has not been paid by the appellant. Therefore, in order to protect the interest of the respondent, the appellant can be directed to deposit Rs.75,000/- as a condition precedent. Hence, I pass the following order:- ORDER (a) Civil application is allowed in terms of prayer (a) subject to the appellant depositing in the trial court the sum of Rs.75,000/- within 2 weeks. (b) On such deposit of Rs.75,000/-, the trial court shall invest the same in a nationalised bank of the choice of the appellant to be indicated at the time of deposit or else in the State Bank of India initially for a period of 13 months to be renewed from time to time till the disposal of the appeal. (c) Learned counsel for the respondent makes a request that the respondent may be permitted to withdraw the sum of Rs,4,00,000/- already deposited by him. Counsel for the appellant has no objection. Accordingly, the respondent is permitted to withdraw the sum of Rs.4,00,000/- together with interest accrued thereon. (d) Civil application is disposed of. (D.G. KARNIK, J.)