1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 2771/2009 IN FIRST APPEAL NO.1304/2009 (Shri Babarao Chutke vs. Prabhakar Chutke ) -------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr K R Lule, ,Adv.for appellant Mr S.V.Sohoni,Adv.for Respondent Coram : A.P.BHANGALE, J. Dated : November 26, 2009 Learned Counsel for caveator/respondent objected grant of interim stay on the ground that impugned judgment and decree also require the appellant to pay sum of Rs. 90,000/- at the Rs 250/- per month as arrears for a period of 36 months which appellant has not yet deposited or paid to the respondent. 2. Learned Advocate for the respondent has objection for to stay the decree on account of non-payment of decretal amount. Be that as it may, the appellant shall deposit the amount of Rs. 90,000/- payable under the impugned decree with cost of the suit, to be deposited in the executing Court within a period of three months from today, failing which the interim stay as to possession being granted by this application, shall stand vacated and decree holder shall be at liberty to proceed further with the execution of the impugned decree. The amount payable under the decree if 2 deposited, may be allowed to be withdrawn by the decree holder provided that sufficient security to the satisfaction of the executing Court is furnished. Application stands disposed of. F.A. No. 1304/2009 Admit. Call R & P. Private paper-book be filed within ten weeks after receipt of R & P, by the appellant. JUDGE. sahare