1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2877 OF 2009 WITH CIVIL APPLICATION NO. 4746 OF 2008 IN FIRST APPEAL NO. 1714 OF 2008 Anthony Gonsalves & Anr. ... Applicants Vs. mrs. Rosaline Gonsalves & Ors. Respondents Mr. R.R.Sharma,Advocate, for the applicant. Mr.Sandeep Dadwal i/b. Denzil D’Mell,Advocate, for the respondent Nos. 1 & 2. CORAM: J.H.BHATIA,J. DATE : 22nd July,2009. P.C. 1. Heard the learned Counsel for the parties. 2. By order dated 1.10.2008 in Civil Application No.4746 of 2008, this Court had granted stay to the execution of the decree against the present appellant on his depositing an amount of Rs.1,00,000/- with the trial Court within a period of four weeks and to continue to deposit Rs.2500/- per month thereafter. It appears that the appellant has deposited the amount of mesne profits from October 2008 onwards, though not regularly. However, the amount of Rs.1,00,000/- has not been deposited. He contends that he has arranged Rs.50,000/- which he is in a 2 position to deposit immediately. For balance amount, time may be granted. It appears that before the Executing Court on 7.7.2009, he had made a statement that he would be depositing Rs.50,000/- on 8.7.2009 and balance amount of Rs. 50,000/- on 18.7.2009. Both the dates have gone and no amount is deposited. Now, the learned Counsel for the appellant seeks 4 to 6 months’ time. There is no justification for the same. 3. In view of these circumstances, the appellant is permitted to deposit an amount of Rs.50,000/- on or before 28th July,2009 and the balance amount of Rs.50,000/- by 5th August, 2009. No further extension shall be granted. On failure to deposit the amount as per this direction, the Executing Court shall be at liberty to proceed with the execution of the decree. In case the amount is deposited, the stay shall continue during the pendecy of the Appeal subject to the earlier order. Both the Applications are disposed of. Parties to act on the authenticated copy of this order. (J.H.BHATIA,J.)