1 C.A.No. 3683.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3683 OF 2011 (Zanda Tukaram Bhoi & anr V. sadashiv Mitharam Bhoi & ors) in FIRST APPEAL NO. 1288 OF 2005 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 1st April, 2011. PER COURT : 1. This is an application for stay of the impugned Judgment and Decree passed by the Trial Court. The First Appeal is admitted. 2. Shri Kulkarni, learned Counsel for the non-applicant states that the earlier order was made directing the applicant to deposit 2 C.A.No. 3683.11 an amount of Rs. 1,00,000/- (Rs. One lakh) within the stipulated period, which he failed to comply. In execution the present applicant made a statement that he would deposit the total amount. This Court also directed the applicant to deposit the total amount, but the applicant failed to deposit the same. In such circumstances, the present application may not be entertained. 3. Shri S.S. Patil, learned counsel for the applicant states that the applicant has already deposited Rs. 1,00,000/- (Rs. One lakh) on 1st December, 2010, as he was short in finance he could not deposit the amount. Now he is in a position to deposit the said amount. 4. Though there is a failure on the part of the applicants to comply the order passed by this Court, but now the applicant has shown his readiness to deposit an amount, I am inclined to entertain the application. 3 C.A.No. 3683.11 5. The impugned Judgment and Decree is stayed on condition that the applicants deposit the total amount under the decree within a period of eight weeks from today. The amount already deposited shall be adjusted. 6. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*