1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. No. 2707/2009 IN First Appeal No. 102/2010 (Yamunabai Pundlik Khonde VERSUS Deepawali Construction Co. Pvt. Ltd.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.P. Kotwal, counsel for the applicant. Shri Rahul Tajne, counsel for the non-applicant. CORAM : SMT. VASANTI A. NAIK, J. DATE : SEPTEMBER 6 , 2010 . Heard. The learned counsel for the respondent opposes the prayer made in the civil application. However, on a perusal of the judgment passed by the trial Court and on hearing the learned counsel for the parties, it appears that the serious prejudice would be caused to the applicant if the applicant is required to execute the sale-deed of the suit property in favour of the non-applicant during the pendency of the first appeal. Since the first appeal is admitted and since all the issues of facts and law are open for challenge in a first appeal, it would be necessary to stay the effect and operation of the judgment and decree dated 25.07.2008 in Special Civil Suit No.204/2003 during the pendency of the first appeal. 2 The applicant is restrained from alienating the suit property or creating any third party interest therein during the pendency of the first appeal. So also, the non- applicant is restrained from changing the nature of the suit property during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE