1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 362 OF 2010 (Smt. Jenabai w/o Late Sheikh Mohmad and ors. ..vs.. Shri Shishir s/o Shankarrao Diote) ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Shri S.D. Deshpande, Counsel for the appellants, Shri H.D. Dangre, Counsel for the respondent. CORAM:- D.B. BHOSALE AND P. B. VARALE, JJ. DATED :- 13 th JULY, 2010 Heard learned counsel for the parties. Admit. Learned counsel for the appellants seeks liberty to file private paper book within a period of eight months from today. Liberty as prayed is granted. Printing is dispensed with. Record and proceedings be called for. It is open to the parties to apply for fixed date of hearing of the appeal after the record and proceedings is received and paper book is filed by the appellant. If the appellants failed to file private paper book within the stipulated time, the appeal shall stand dismissed without further reference to the Court. 2 CIVIL APPLICATION NO. 869 of 2010. Heard learned counsel for the parties. By this civil application, the appellants have prayed for stay of the operation and execution of the judgment and decree dated 20-2-2010 passed by the trial court in Special Civil Suit No. 1107/2006. By this judgment, the suit filed by the respondent-plaintiff for specific performance of an agreement dated 1-4-2005 has been decreed. While passing the decree, the trial court directed the respondent- plaintiff to deposit Rs.59,90,000/- within two months from the date of the judgment dated 20-2-2010. This Court is informed that the respondent-plaintiff has deposited the said amount in the trial Court. In view thereof, we dispose of the civil application by the following order: 1) The judgment and decree dated 20-2-2010 passed by the trial court in Special Civil Suit No.1107/2006 shall remain stayed till the disposal of the appeal subject to the following order: (i) The appellants shall deposit the earnest amount i.e. Rs.4,00,000/- (Rs. Four Lakhs Only) along with interest at the rate of Rs.8% per annum from the date of agreement till today within a period of one month. If the appellants failed to deposit the amount as aforementioned, the 3 interim order shall stand vacated without reference to the Court. ii) It is open to the respondent-plaintiff to withdraw the said amount deposited by him in pursuance of the impugned judgment and decree, without prejudice to their rights and contentions. 2) The appellants are in possession of the property in dispute. Learned counsel for the appellants submits that the appellants shall file undertaking in this Court within a period of two weeks from today stating that they shall not create any third party interest in the suit property and/or part with the possession thereof. His statement is accepted. It is needless to state that he shall furnish copy of the said undertaking to the learned counsel for the respondent. JUDGE JUDGE pma