1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 826 OF 2009 IN FIRST APPEAL NO. 1582 OF 2008 (Aruna Sudam Khandait vs. Thawardas Ramchandra Amesar) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 03, 2009. Heard. This Court has admitted this appeal on 25.3.2009 and as prayer for interim relief was contained in appeal memo, liberty was given to the appellant to move separate application. Accordingly, this separate application is moved. The decree is for specific performance and the respondent/ purchaser has deposited the amount. In the circumstances, without prejudice to his rights in the matter, the respondent is at liberty to withdraw the amount as deposited, by furnishing undertaking that in case the appeal is dismissed, he shall redeposit the amount within the time directed by the Court. Subject to this, execution of judgment and decree is stayed and the parties shall not create any third party interest, in the meanwhile. JUDGE *GS.