: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.834 OF 2007 WITH CIVIL APPLICATION NO.1159 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.T.S. Ingale for the Appellant. Mr.P.M. Arjunwadkar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 11TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order requires to be modified by directing the Respondent to deposit an amount of Rs.1,00,000/- admittedly received by the Respondent. The balance amount is denied. Thus the Respondent shall deposit a sum of Rs.1,00,000/- in the trial Court. The trial Court shall invest the same in fixed deposit of a nationalized bank initially : 2 : for a period of one year and thereafter for like periods of one year each till the disposal of the suit. 3. The Appellant’s right in respect of the suit for specific performance are adequately protected by grant of an injunction restraining the Respondent from disposing of, alienating and encumbering the suit property. The question as to whether the Appellant was actually put in possession is seriously disputed. It is not possible at the interlocutory stage to put the Appellant in possession. 4. In the circumstances, the Appeal from Order the Civil Application are accordingly disposed of.