FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL APPLICATION NO.6790/2008 Shr V.C.Solshe ,Adv.for applicant Shri P.K.Deshmukh,Adv.for Respdt. .... CORAM : R.K.DESHPANDE,J. DATE : 4TH AUGUST, 2009. 1. This is an application for stay to the effect and operation of the judgment and decree dated 30/11/2005 passed by the learned I- Advoc Additional District Judge Osmanabad and confirmed in Regular Civil Appeal No.91/2001 and the judgment and decree dated 26/2/2001 passed by learned Civil Judge, Junior Division, Tuljapur in Regular Civil Suit NO.198/2000. The trial Court has passed a decree for specific performance of contract. The plaintiff is directed to deposit an amount of Rs.5000/- towards remaining consideration and on receipt of it, the defendant is directed to execute the sale deed for the said land Survey No.82/1 to the extent of 33 Aar and Survey No.85/1 to the extent of 1 Hectare 45 Aar which is described in para 1 of the judgment, in favour of the plaintiff during period of 15 days from the date of receipt of notice. The trial Court has further directed that the failure of the defendant to execute the sale deed, the plaintiff shall be entitled to get the sale deed executed through the Court. This decree of the trial Court has been confirmed by the appellate Court and hence the original defendant has preferred this Second Appeal. 2] I have heard learned counsel for the respective parties. The respondent is in possession of the suit property pursuant to agreement dated 5/8/1991, since the date of execution of agreement. The Second Appeal has been admitted on substantial question of law. Pending the decision of the instant Second Appeal, the judgment and decree passed by the trial Court as has been confirmed by the appellate Court, shall remain stayed. Application for stay stands disposed of. (R.K.DESHPANDE, J.) umg/ca6790-09