1 906 caf.210.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 210 OF 2011 IN FIRST APPEAL NO. 123 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.S.Apte, Senior Counsel, i/b Mr.A.R.Gole for the Applicants. Mr. Amol Gatne i/b Mr.S.B.Deshmukh for the Respondent. CORAM : A.S.OKA, J. DATE : 11 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for the Respondent. 2 The appeal has been admitted for final hearing. The Applicants are in possession of the suit property. Therefore, stay will have to be granted subject to certain conditions. 3 The application is disposed of by passing the following order: i. There will be interim relief in terms of prayer 2 906 caf.210.11 clause (a) subject to condition that the Applicants will not create any third party rights in respect of the suit property and will not part with possession thereof in favour of any third party ; ii. In the event the Applicants commit any breach, it will be open for the Respondent to apply for vacating the interim stay ; iii. If the decretal amount is already deposited, the same shall be invested in fixed deposit with any nationalized bank till the final disposal of the appeal. [ A.S.OKA, J ]