1 908 cas 883.08.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.883 OF 2008 IN SECOND APPEAL NO.243 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Ajit Kenjale for applicants. Mr. Dilip Bodake for respondents. CORAM : K.K.TATED,J. DATE : 18/02/2011. PC: 1 Heard the learned counsel for parties. 2 This civil application is preferred by original defendant for stay of the judgment and decree passed by the learned Ad-hoc District Judge, Satara in Regular Civil Appeal No. 180 of 2001 dated 12th February, 2008. 3 The respondent-original plaintiff filed Regular Civil Suit No. 12 of 1997 for 2 908 cas 883.08.doc specific performance of agreement dated 16th July, 1984. The said suit was dismissed by trial court. 4 Being aggrieved by the judgment and decree passed by the trial court dated 26th April, 2001 the respondent-original plaintiff preferred Regular Civil Appeal No.180 of 2001. The Appellate Court by the judgment and decree dated 12th February, 2008 passed decree in favour of respondent and directed to deposit sum of Rs.7,000/- towards the payment of remaining amount of consideration in respect of sale deed payable to the applicant-original defendant and also directed applicant-original defendant to apply for the permission to the Collector for sale of the suit land in favour of the respondent-plaintiff. 5 The Second Appeal is admitted and interim relief was granted on 29th April, 2008 in terms of prayer clause (a). 3 908 cas 883.08.doc 6 The learned counsel appearing on behalf of respondents submits that they have already deposited a sum of Rs.7,000/- in trial court. He vehemently opposed for the stay of execution of judgment and decree passed by the appellate court. He submits that atleast applicant be directed to apply to the Collector for permission to sale the suit land to the respondent. 7 Considering the submissions made by the learned counsel appearing on behalf of parties, it is not possible to direct the applicant in meanwhile to apply to the Collector for permission to sale the suit land to the respondent-plaintiff. 8 Considering the submissions made by the learned counsel appearing on behalf of applicant and the averments made in civil application, civil application is allowed in terms of prayer clause (a) which reads as under: 4 908 cas 883.08.doc “a) Pending the hearing and final disposal of the Second Appeal, this Hon’ble Court may be pleased to stay the implementation, operation and execution of the impugned judgement and Order dated 12.2.2008 passed by the Ad-hoc District Judge, Satara in Reg. Civil Appeal No.180 of 2001;” 9 Applicant–original appellant is directed to file private paper book within four months from today. If private paper book is not filed within four months from today, matter to be taken on board under caption “for dismissal”. 10 Civil application is disposed of accordingly. (K.K.TATED,J.)