1 caf2396-03 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 2396 OF 2003 IN FIRST APPEAL NO. 627 OF 2003 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. Mahesh Rawool i/b. Mr. P. B. Shah for the applicant. Mr. Niranjan Mogre i/b. Mr. S. M. Gorwadkar for the respondent. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 18, 2011. P.C.: Heard the learned counsel appearing for the applicant. The prayer in this application is for directing the respondent (original appellant) to deposit the entire decretal amount. Reliance is placed on order passed by this Court on Appeal on 16th July, 2003 by which the Appeal was admitted and a direction was given to the appellant in exercise of powers under Rule 1 (3) of Order XLI of the Code of Civil Procedure, 2 caf2396-03 1908, to deposit the entire decretal amount and cost. For non compliance of the said order, the Appeal cannot be dismissed. Admittedly, there is no stay granted to the execution of the impugned decree in this First Appeal and, therefore, the applicant is free to execute the decree. Subject to this clarification, no relief can be granted in this application and the same is disposed of. (A.S.OKA, J.)