1 caf5408 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILAPPELLATE JURISDICTION CIVIL APPLICATION NO. 5408 OF 2008 IN FIRST APPEAL NO. 2099 OF 2008 The State of Maharashtra. ... ... Appellant. Versus Gramdevi Kalbhairav Sansthan through Anant Shankar Keni & Others. ... ... Respondents. Ms. G. P. Mulekar, AGP for the Appellant. Mr. Sachin S. Punde for Respondent Nos.1 and 2. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 16TH JULY, 2010. P. C. : Leave to amend granted. 2. By this application the appellant prays for stay of the operation of the judgment and decree passed by the Joint Civil Judge, Senior Division, Raigad dated 19th September, 2006 in L. A. R. No. 913 of 2000. 3. It is not in dispute that it is a money decree. If so, the appellant ought to have deposited the decretal amount on which condition alone the appellant would be entitled for interim relief during the pendency of the appeal. Inspite of sufficient opportunity, no steps have been taken in that behalf. In the circumstances, we dispose of this application by leaving it open to the appellant to deposit the decretal amount in the trial court within four weeks from today, failing 2 caf5408 which the office shall treat the present application as dismissed for non- prosecution without further reference to the Court. In that case, it will be open to the respondents to pursue their remedy for recovery of the decretal amount, which action will have to be considered on its own merits. 4. In the event, the appellant deposits the decretal amount in the trial court within the specified time and produces receipt in that behalf in the Registry of this Court within such time, the respondent may take steps for withdrawal of the said amount subject to furnishing solvent security of commensurate amount to the satisfaction of the trial Court and also filing undertaking in this Court to the effect that in the event the Court were to so direct they and persons claiming through them would not only bring the principal amount already withdrawn by them back but also pay interest as may be fixed by the Court at the appropriate stage of the appeal. If such undertaking is not filed in this Court within two weeks from the date of deposit of the amount and certified copy thereof is not produced before the trial Court, the trial Court shall proceed to invest the said amount in the appropriate fixed deposit scheme which will be renewed during the pendency of the appeal. 5. Application disposed of accordingly. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.) 3 caf5408 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILAPPELLATE JURISDICTION FIRST APPEAL NO. 2099 OF 2008 The State of Maharashtra. ... ... Appellant. Versus Gramdevi Kalbhairav Sansthan through Anant Shankar Keni & Others. ... ... Respondents. Ms. G. P. Mulekar, AGP for the Appellant. Mr. Sachin S. Punde for Respondent Nos.1 and 2. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 16TH JULY, 2010. P. C. : The appeal is already admitted. The requirement of printing of paper-book is dispensed with on condition that the Appellant shall file private paper book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower court. That be done within twelve weeks from today, failing which the appeal shall stand dismissed for non- prosecution without further reference to the Court. The appeal be included in the 4 caf5408 final hearing list in the following week as soon as the private paper-book is filed, by the appellant within the specified time. Filing of roznama is dispensed with as the same will be available in the original record at the time of hearing. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.) 5 caf5408 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILAPPELLATE JURISDICTION CROSS OBJECTION (ST.) NO. 8959 OF 2010 IN FIRST APPEAL NO. 2099 OF 2008 The State of Maharashtra. ... ... Appellant. Versus Gramdevi Kalbhairav Sansthan through Bhagwan Ananta Keni & Others. ... ... Respondents. Ms. G. P. Mulekar, AGP for the Appellant. Mr. Sachin S. Punde for Respondent Nos.1 and 2. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 16TH JULY, 2010. P. C. : Not on Board. Upon mentioning, taken on Board. 2. As per office noting there is delay of 215 days in filing cross objection. Learned Counsel for the respondents prays for time to take out formal application for condonation of delay. That may be filed within two weeks from today. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)