1 49 caf.4389.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4389 OF 2010 IN FIRST APPEAL NO. 1737 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Amardev J. Uniyal for the Applicants. Mr. A.A.Garge for Respondent No.1. CORAM : A.S.OKA, J. DATE : 11 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for Respondent No.1. 2 Respondent No.1. is the original plaintiff. The impugned decree is a decree for possession in respect of a flat. There is a decree passed for payment of compensation. However, the 1 st respondent ­ plaintiff has been directed to adjust the earnest money received from the Applicants. Decree for possession has been already executed. 3 There is a reply filed by Respondent No.1 in which a 2 49 caf.4389.10 contention has been raised that Respondent No.1 has dealt with the property in favour of a builder and has accepted a sum of Rs.5,00,000/­. However, there is no document placed on record to show that any right has been created in respect of the suit flat. The learned counsel appearing for Respondent No.1 on instructions of Respondent No.1, who is present in Court, states that Respondent No.1 will not part with possession of the suit that till the disposal of the appeal and that Respondent No. 1 will not create any third party rights in respect of the suit flat till the disposal of the appeal. The learned counsel appearing for Respondent No.1 on instructions of Respondent No.1 states that till the disposal of the appeal, Respondent No.1 will not demolish the property in which the suit flat is situated. The statements and the undertakings of Respondent No.1, which are recorded above are accepted. In view of the said undertakings, it is not necessary to grant prayer clause (b) (i) of the application. 4 There is a decree passed for damages. The amount paid by the defendants to Respondent No.1 has been permitted to be adjusted towards compensation. The decree for compensation can be stayed provided the Applicants deposit the decretal amount. 3 49 caf.4389.10 5 Hence, the application is disposed of by passing the following order: i. The undertakings of Respondent No.1 recorded above are accepted ; ii. The execution and operation of the impugned decree relating to payment of compensation will remain stayed subject to condition of the Applicants depositing the decretal amount with the trial Court within a period of twelve weeks from today ; iii. If compliance is not made within the stipulated time, stay will stand vacated without further reference to the Court ; iv. If the amount is deposited within the stipulated time, the trial Court shall invest the same in fixed deposit with any nationalized bank till the final disposal of the appeal. [ A.S.OKA, J ]