1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 406 OF 2008 CIVIL APPLICATION NO. 406 OF 2008 CIVIL APPLICATION NO. 406 OF 2008 IN IN IN FIRST APPEAL NO.137 OF 2008 FIRST APPEAL NO.137 OF 2008 FIRST APPEAL NO.137 OF 2008 Smt.Jayashri M. Kitkule .. Appellant V/s. Shri Arun M.Khulage .. Respondent Mr.M.M.Sathaye for the Appellant. Mr.Nitin Mulye with G.S.Godbole for the Respondent. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. DATE : APRIL 25TH, 2008. DATE : APRIL 25TH, 2008. DATE : APRIL 25TH, 2008. P.C. P.C. P.C. . Heard. 2. The Applicant has deposited Rs.1,25,000/- (Rs.One lacs twenty five thousand only) in pursuant to the order passed by this Court on 30th January, 2008. 3. This Civil application is filed with prayer to stay the effect, operation implementation and execution of the impugned Judgment and decree dated 16th October, 2007 passed in Civil Suit No. 180 of 2005 by Civil Judge, Senior Division, Nashik. 4. After hearing counsel appearing for the respective parties, I am inclined to grant stay to the impugned Judgment and decree dated 16th October, 2007 2 subject to condition that the Applicant/Original Appellant shall further deposit Rs.50,000/- (Rs.Fifty Thousand only) in the Civil Judge, Senior Division, Nashik within eight weeks from today. 5. The Respondent is permitted to withdraw the amount which is already deposited on furnishing security to the satisfaction of the Civil Judge, Senior Division, Nashik. After depositing Rs.50,000/- (Rs.Fifty Thousand only) by the Appellant, liberty to the Respondent to make application for withdrawal for the said amount. 6. The Civil Application is disposed of. (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)