1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION CAF 2216/2011 [FOR STAY] IN FIRST APPEAL NO.556/2010 SAU VIJAYA VEDPRAKASH MITTAL AND ANOTHER ..VS.. SMT. CHIMADEVI BRIJMOHAN AGRAWAL AND ORS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S.Z. Sonbhadre, advocate for appellant Shri A.S. Chandurkar, advocate for R-1 to 7 CORAM : A.B. CHAUDHARI, J. DATE : 13.09.2011. Heard. Learned counsel for the appellants submits that the decree for specific performance in question deserves to be stayed, in view of the prima-facie case made out by the appellants and the first appeal having been admitted by this court. Mr. Chandurkar, learned counsel for the respondents opposes the prayer made for stay, stating that the plaintiffs/ respondents have deposited the entire balance amount as per the decree in the trial court. Having heard learned counsel for the parties, in my view following order would sub-serve the ends of justice: 1] The civil application is partly allowed. 2] Appellants to deposit an amount of Rs.2,50,000/- which was received by the appellants towards earnest within six weeks from today. The same shall be invested as per the Standing Orders after its receipt by the Registry. 3] Appellants shall not create any third party interest and shall not deal with the suit property or create any third party rights, pending disposal of the appeal. 4] The respondents shall be entitled to withdraw the balance amount deposited in the trial court as per the decree, namely 2 the balance consideration. It is made clear that the deposit of the balance amount and the withdrawal of the amount from the trial court, as aforesaid, shall be without prejudice to the rights of the parties involved in the suit as well as in the present first appeal. The civil application disposed of. JUDGE SMP