1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3929 OF 2008 IN FIRST APPEAL NO. 1411 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Adv. Shri S.V. Gangapurwala h/f. Adv. Shri A.D. Pawar for the applicant and Adv. Shri N.B. Suryawanshi for respondent. The learned advocate for the appellant pointed out to me para 5 of the plaint in which it is stated that the purchase of the truck was benami transaction. Though it was purchased in the name of appellant, it was in possession of the respondent-plaintiff. He was plying it and was paying installments of loan out of income received by him. So, case of the plaintiff is that he was owner of the truck and he was plying it. He was getting income and out of the income he was repaying the loan. It is 2 specifically admitted by learned advocate for the appellant at the time of arguments that he is in possession of the truck. 2. Stay granted on condition of the appellant furnishing solvent security of Rs.9,00,000/- (Rupees Nine Lakhs only) along with one surety and undertaking to repay the amount awarded by this Court that may be decided in the appeal along with interest thereon, as and when directed by the Court. 3. Civil Application is accordingly disposed of. Date: 22.06.2009 [P.R. BORKAR,J.] snk/2009/JUN09/ca3929.08