1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.5782/2007 Smt. Ashatai Mahadeorao Shende ..vs.. Krishnadayal s/o Devishankar Bandela (Sharma) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 7 th April, 2008 1. Heard learned counsel for the parties. 2. A suit for specific performance filed by the respondent/plaintiff is partly decreed thereby directing the petitioner/defendant to refund the earnest money of Rs.2,00,000/-. This decree is passed ex parte, therefore, the petitioner has filed Miscellaneous Judicial Case for setting aside the ex parte decree. In that M.J.C., the petitioner moved an application for stay to the ex parte decree and by the impugned order, the petitioner's application for stay came to be rejected. 3. By the ex parte decree the petitioner is directed to refund the earnest amount and, therefore, the same is a 2 money decree. The petitioner is not entitled to stay to the money decree. I do not find any error in the approach adopted by the trial Court. No interference is called for in the impugned order in my jurisdiction under Article 226 and 227 of the Constitution of India. The writ petition is, therefore, dismissed with no order as to costs. However the learned Judge of the trial Court is directed to dispose of the petitioners M. J. C. No. 238 as expeditiously as possible. 4. The writ petition stands disposed of accordingly with no order as to costs. JUDGE kahale