1 caf2471 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2471 OF 2011 IN FIRST APPEAL NO.1361 OF 2011 Jawahar Mishra ...Applicant vs. Rajendra Laxman Bansode & Anr ...Respondents Mr.R.P.Ojha for the applicant Mr.Vilas Tapkir for the respondent no.1 CORAM : A.S.OKA,J. DATE : JULY 25, 2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for the respondent no.1. The appeal against the decree for specific performance has been admitted. The applicant has stated before this Court that he is willing to deposit with the Trial Court a sum of Rs.4,51,000/- received by him from the respondents. 2 As the appeal has been admitted, stay will have to be granted subject to certain conditions. Hence, the application is disposed of by passing the following order : i) There will be stay of execution and operation of the impugned Judgment and decree subject to condition of the applicant depositing with the Trial Court a sum of Rs.4,51,000/- within a period of eight weeks from today and subject to 2 caf2471 further condition that the applicant will not create any third party rights and will not part with possession of the suit shop till the disposal of the appeal. ii)The amount of Rs.34,49,000/- deposited by the respondent shall be invested in fixed deposit in any nationalised bank till further orders. This direction will be without prejudice to the right of the first respondent to apply for withdrawal of the said amount. iii)If the sum of Rs.4,51,000/- is not deposited within stipulated time, the stay granted will stand vacated without further reference to the Court. iv)As and when the said amount of Rs.4,51,000/-is deposited the same shall be invested in fixed deposit with any nationalised bank till the final disposal of the Appeal. v) There will be no order as to costs. JUDGE