1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3998 OF 2011 IN FIRST APPEAL NO.1860 OF 2011 Yashwant S/o.Dattatraya Dipak and others APPLICANTS VERSUS Sandhya W/o.Santosh Kyatamwar RESPONDENT Mr.D.M.Shinde, learned counsel for the applicants. Mr.S.S.Rathi, learned counsel for respondent. (CORAM : A.V.POTDAR, J.) DATE : 15/12/2011 PER COURT : 1. This is a stay application to the execution of judgment and decree impugned. I have heard learned counsel for applicants and respondent. 2. On perusal of the judgment impugned, it appears that the respondent herein had filed suit for specific performance of contract and perpetual injunction. On appreciation of the evidence led by the parties before the Court below, the learned Trial Court has passed the decree of specific performance of contract and of perpetual 2 injunction against the present applicants, who were defendants before the Trial Court. 3. On hearing the parties, it is clear that at the time of institution of the suit, the respondent to this application had also filed an application for temporary injunction, which was allowed and injunction was granted against these applicants, not to obstruct the possession of the respondent in the suit property. That order was confirmed while passing the judgment and decree on 20/12/2009. 4. Considering this aspect, stay can not be granted to the execution of decree so far as decree of perpetual injunction is concerned, but stay can be granted to the execution of the decree of specific performance during the pendancy of the first appeal. 5. In substance, application is partly allowed. Judgment and decree impugned to the extent of specific performance is stayed during the pendancy of appeal. No stay is granted to the decree of perpetual injunction granted in favour of the respondent. Civil application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC.2011/ca3998-11