.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2393 OF 2006 IN FIRST APPEAL NO. 1105 OF 2006 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.K.S. Dewal for the applicant. Mr.A.V. Prabhune for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 11TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard counsel for the applicant and the respondent no.1. 2. Since the respondent no.2 is a formal party, issuance of notice to the respondent no.2 is dispensed with. 3. By this application, the applicant prays for stay of execution of a decree passed in favour of the respondent no.1. This court has followed a consistent practice of not granting unconditional stay for execution of money decrees. No - 2 - ground has been made out for departure from the said practice. Hence, the conditional stay can only be granted to the applicant. 4. Learned counsel for the applicant states that the principal amount has already been paid to the respondent no.1. Hence, I pass the following order: (a) Execution of the decree passed by the trial court is stayed subject to the applicant depositing the entire amount of the decree less the money, if any, already paid to the respondent no.1 in the trial court. (b) On such deposit, the respondent no.1 is permitted to withdraw the said amount by furnishing security to the satisfaction of the trial court. (c) Civil application is disposed of. (D.G. KARNIK, J.)