1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A. NO.3186/2009 FIRST APPEAL NO.1427/2009 Bhagwat Ramdas Khare & another ..vs.. Chanda Nandkishore Joshi =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : SMT. VASANTI A NAIK,J. DATED : 29th MARCH, 2010. Heard Smt. S.W.Deshpande, learned counsel for appellants and Shri D.M. Upadhye, learned counsel for respondent. The first appeal is admitted on 4.2.2010 after hearing the learned counsel for both the sides. This court had granted status-quo as regards the possession by order dated 10.12.2009 and had continued the ad-interim order by order dated 4.2.2010. Since the first appeal is admitted, it would be necessary to stay the effect, operation and implementation of the judgment and decree dated 25.9.2009 during the pendency of the first appeal. Hence the prayer made in the civil application is granted. 2 Shri Upadhye, learned counsel for the respondent states that the respondent has already deposited an amount of Rs.1,00,000/- in the trial court in pursuance of the decree passed by the trial court on 25.9.2009. The respondent is permitted to withdraw the amount of Rs.1,00,000/- as the appeal may be pending before this court for some time. The withdrawal of Rs.1,00,000/- by the respondent would however, not prejudice the case of the respondent so far as the claim of the respondent as regards the readiness and willingness to perform his part of the contract is concerned. Civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP