1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9656 OF 2007 IN SECOND APPEAL NO. 715 OF 2008 Karbhari s/o Mukta Dhage, dead, through L.R. Applicant Versus Smt.Tulsabai w/o Tukaram Wakchaure Respondent Mr.S.K.Shinde, advocate for the applicant. Mr.R.D.Bhalerao, advocate for Respondent. CORAM: R.M.BORDE, J. DATE : 21st August, 2009. P.C.: This is an application by applicants-original defendants seeking stay to the execution and operation of the decree passed by the trial Court, which has been confirmed by the first appellate Court. The decree is in respect of specific performance of agreement as well as order of restraint has also been issued against defendants restraining them from obstructing peaceful possession of the plaintiff. Considering the fact that appeal is admitted, direction contained in the decree in respect of specific performance of agreement needs to be stayed. So far as part of the decree in respect of restraint order passed against the defendants is concerned, same need not be stayed. 2 In this view of the matter, direction contained in paragraph no.(2) of the judgment and decree passed by Civil Judge, Junior Division, Akole on 18.01.2000 in Regular Civil Suit No.197/89, shall stand stayed until disposal of the appeal. Civil Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/ca965607