1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Civil application no.8655 of 2008 in FIRST APPEAL NO.1543 OF 2008. Smt.Shakuntalabai wd/o Rameshwarji Bajaj .vs. Jagdish Shriramji Poddar and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Coram: A.P.LAVANDE & P.B.VARALE, JJ. Dated : 5th February , 2009. Heard Mr.S.V.Sohoni, Advocate for the appellant and Mr.C.S.Kaptan, Advocate for the respondents. This is an application for stay of decree dated 8/8/2008 passed by the Civil Judge (Sr.Dn.), Wardha in Spl.Civil Suit No.189 of 2005, decreeing suit for specific performance filed by the respondents. The trial court granted specific performance of the agreement of sale dated 2 13/8/2005 for a consideration of Rs.30,00,000/-. According to Mr.Sohoni, the amount of Rs.5000/- which was allegedly paid to the appellant was returned by the appellant and as such the appellant has not received any consideration pursuant to the agreement of sale. According to Mr.Kaptan, learned counsel, the entire consideration of Rs.30,00,000/- has been deposited in the trial court pursuant to the judgment and decree passed by the trial court. Having heard the learned counsel for the parties, we pass the following order. The execution of the impugned decree is stayed subject to the following conditions. i) The appellant shall not alienate or create third party rights in respect of the suit property till the disposal of the appeal. ii) The appellant shall not change the nature of the suit property till the disposal of the appeal. Iii) The respondents are at liberty to withdraw the amount of Rs.30,00,000/- deposited in the trial court. 3 It is made clear that in the event the respondent chooses to withdraw the said amount from the trial court, the same shall not come in the way of respondents from getting the relief of the specific performance in the appeal, if they are otherwise entitled. The application stands disposed of. JUDGE. JUDGE. chute