1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4833 OF 2009 IN FIRST APPEAL NO. 1833 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. N.R.Bubna, for the applicants/appellants. Mr S.A.Sawant i/b Mr Prashant D Patil, for respondent no.1/plaintiff. CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 07/01/2010 PC: Heard learned counsel for the parties. By this civil application, the applicants/appellants have prayed for stay of execution of the impugned judgment and decree dated 30.4.2009. By this judgment, a suit filed by the respondent-plaintiff for specific performance of contract has been decreed. In pursuance of the decree, the T 2 respondent-plaintiff has deposited the balance amount of Rs.28,23,400.00 in the trial court. The respondent-plaintiff has, so far, not initiated execution proceedings. In view thereof and having regard to the fact that the appeal has already been admitted, the ad-interim stay, granted vide order dated 10.12.2009, deserves to be confirmed. Order accordingly. In view of the order of stay, we grant liberty to the respondent- plaintiff as prayed for by the learned counsel for the respondent, without prejudice to her rights and contentions in the appeal, to withdraw the amount deposited by her within a period of four weeks from today. If the respondent- plaintiff does not withdraw the amount within the time stipulated, the trial court shall invest the said amount in fixed deposit in a nationalised Bank initially for a period of two years and shall renew the fixed deposit from time to time till disposal of the appeal. It is needless to 3 state that if the amount is withdrawn, the respondent-plaintiff shall have to deposit the said amount again, if she ultimately succeeds in the appeal. The appellant- society shall not create any third party interest in the suit property and shall keep the plot of land vacant till disposal of the appeal. The civil application is disposed of. At this stage, Mr Sawant, learned counsel for the respondent-plaintiff, prays for expediting hearing of the appeal. Further, he seeks liberty to prepare private paper book. Mr Bubna, learned counsel for the appellants/defendants, has no objection for expediting hearing of the appeal. Hence, we pass the following order. The respondent-plaintiff shall have a liberty to prepare and file private paper book within a period of eight weeks from today and shall serve a copy thereof to the advocate for the appellants-defendants. Liberty to the 4 respondent to apply for fixed date of hearing of the appeal after filing of the paper book. In view of this order, printing is dispensed with. (R.Y.GANOO, J.) (D.B.BHOSALE, J.) 5