1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.2601 OF 2011 IN F.A.NO.304 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 29.03.2011. 1. Heard Mr.A.M.Gaikwad, learned counsel for the applicant and Mr.L.B.Pallod, learned counsel for the Respondent. 2. This is an application for stay of the impugned judgment and decree. It is held by the trial Court that the present applicant has received an amount of Rs.3,12,500/- (Rupees three lacs twelve thousand five hundred only), pursuant to the agreement of sale. The suit is decreed. The decree is for execution of sale deed. In that light of the matter, the impugned decree shall have to be stayed. At the same time, the amount which is held to have been received by the applicant will 2 have to be directed to deposit in the Court without prejudice to the rights of the either parties. The learned counsel for the applicant disputes the receipt of the earnest amount as held by the trial Court. However, the same would be a subject matter to be decided at the time of final hearing. In light of the above, I pass the following order : 3. The impugned judgment and decree is stayed. The applicant shall deposit in this Court an amount of Rs.3,12,500/- (Rupees three lacs twelve thousand five hundred only) within a period of eight (8) weeks from today. The said deposit shall be without prejudice of the rights of either parties. The applicant shall not alienate or create third party interest nor change the nature of the suit property in whatsoever manner. 4. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.29.03.2011. asp/office/Ca2601.11 3