1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 636 OF 2009 IN FIRST APPEAL NO. 663 OF 2007 Damodar Kukaji Pandhare Vs. Sheshrao Parbatrao Patil & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri C. A. Barbekar Adv h/f Shri Khapre Adv for appellant. Shri S. V. Akolkar Adv for respondent. CORAM:_ C. L. PANGARKAR J. Dated: 28 th APRIL, 2010. . Heard the learned counsel for the appellant and the respondents. This application has been moved by the respondents for vacating the stay granted by this Court to the execution of the decree passed in favour of the respondent. A decree for specific performance of contract has been passed. Learned counsel for the respondents submits that on account of the stay the respondent has not been able to secure a title 2 to the property although he is in possession. Question as to whether decree for specific performance of contract was rightly granted or not is sub-judice. In the circumstances the stay cannot be vacated. Plaintiff is already in possession of the property and no prejudice is likely to be caused to the plaintiff/respondent. In the circumstances there is no need to vacate the stay granted by the Court. Prayer is made for early hearing of the appeal. Respondent is at liberty to apply for early hearing. JUDGE svk 3 4 5