1 29-1614-09.sxw srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.1614 OF 2009 IN SECOND APPEAL NO.308 OF 2009 Namdeo G. Jadhav (since deceased) through his L.Rs.& Ors., .. Applicants V/s. Dnyaneshwar N. Jadhav & Anr. .. Respondents. Mr. U.B.Nighot, for Applicants Mr. R.M.Pethe, for Respondent No.2. CORAM: B.R.GAVAI, J. DATE: 7th September, 2010. PC: 1 This is an application for stay to the judgment and decree dated 21.01.2009 passed by the learned District Judge No.4, Pune in Civil Appeal No.116 of 2005. 2 Heard learned counsel for the parties. 3 Taking into consideration that the decree is for specific performance and that the said decree is to be executed only after the necessary permission under the 2 29-1614-09.sxw Bombay Tenancy and Agricultural Land Act, 1948 and Maharashtra Resettlement of Project Displaced Act, 1976 is granted by the competent authority, authority of the entire decree do not be stayed. 4 Clause 4 of the impugned decree relates to the deposit of Rs.1,000/- to the present Respondent which has already been deposited by the Respondent. 5 Paras 5 and 6 pertains to the application under the aforesaid provision and appointment of Court Receiver on failure to make application. 6 It is the only clauses 7 and 8 which deals with the actual specific performance and the consequence of non-grant of permission by the competent authority. 7 In that view of the matter, I have found that it is not necessary to stay the other clauses of the decree and the proceedings in so far as clause nos.5 and 6 may proceed during pendency of the appeal. The interest of justice would be served if the effect and operation of clauses 7 and 8 of the impugned decree is stayed during pendency of the appeal. 3 29-1614-09.sxw 8 In that view of the matter, application is partly allowed. 9 The effect and operation of clauses 7 and 8 shall stand stay during pendency and disposal of appeal. (B.R.GAVAI,J.)