ca3847.11 1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 3847 OF 2011 IN FIRST APPEAL ST. NO. 7628 OF 2011 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R.M. BORDE, J. DATE : 21 st JUNE, 2011 1 In a suit presented by plaintiff claiming specific performance of agreement, trial court issued direction to the effect that on condition of deposit of amount to the tune of Rs. 1,00,000/- by defendant, plaintiff shall handover possession of the property in dispute to the defendant. Directions issued are in the absence of any counter claim raised by defendant in the suit. Prima facie, directions appear to be illegal and hence need to be stayed. 2 Judgment and decree passed by ca3847.11 2 the trial court, more specifically directions contained in paragraph nos. 3 to 7 stand stayed. Applicant shall deposit an amount of Rs. 20,000/- per year in this court as a condition precedent for grant of stay to the execution of decree. The amount for the year 2011 shall be deposited by the end of August 2011. The amount for subsequent years shall be deposited by the end of 31 st August of the relevant year. Civil application stands disposed of. ( R.M. BORDE) JUDGE dyb ca3847.11 3 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 3848 OF 2011 IN FIRST APPEAL ST. NO. 7628 OF 2011 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R.M. BORDE, J. DATE : 21 st JUNE, 2011 This is an application restraining respondents from creating third party interest during pendency of appeal. Appeal is admitted. As such it is desirable to allow the application and the same is allowed in terms of prayer clause ‘B’. Civil application stands disposed of. ( R.M. BORDE) JUDGE dyb ca3847.11 4