:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION PETITION PETITION NO. 8318 OF 2007 Walchand Giridhar Bacchao Bacchao Bacchao ...Petitioner Versus Sagar Giridhar Bacchao ....Respondent ====== Mr.A.S.Khandeparkar, i/by. Khandeparkar & Associates Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 11TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The lower Appellate Court has dismissed the Application for stay of execution of a money decree. The application is dismissed probably on the ground that the petitioner desired an unconditional stay and that being impermissible, the execution cannot be stayed, is the finding against the petitioner. 2. Now, the petitioner original appellant/defendant before me, submitted that it was :2: :2: :2: never his case that an unconditional stay should be granted. He was well aware of the provisions contained under Order 41 Rule 5 of the CPC and the provisions therein, enabling the lower Appellate Court to impose appropriate conditions. He submits that the execution be stayed on the condition that the original defendant/appellant deposits in the Trial Court a sum of Rs.40,000/-. 3. Mr.Khandeparkar, seeks eight weeks time for that purpose. 4. In the light of the aforesaid, this Writ Petition is disposed off by the following order. (i) If the original appellant before the lower Appellate Court deposits a sum of Rs.40,000/- in the Trial Court within a period of 8 weeks from today, there shall be a stay of execution of the subject money decree but liberty is granted to the respondent/original plaintiff to withdraw this sum after furnishing security to the satisfaction of the :3: :3: :3: Trial court. (ii) If the amount is not deposited within the time stipulated above, the order of the lower Appellate court stands and the original plaintiff is at liberty to execute the money decree thereafter. Even this court will not extend the time limit under any circumstances and the Writ Petition then to stand dismissed without any further reference to court. (iii) The lower Appellate court to dispose off the Appeal on its own merits and in accordance with law, after the compliance is made as directed above. . All concerned to act on authenticated copy of this order. (JUDGE)