1 46 caf.4425.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4425 OF 2010 IN FIRST APPEAL NO. 1754 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Amol P. Mhatre for the Applicant. CORAM : A.S.OKA, J. DATE : 17 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. 2 The learned counsel appearing for the Applicant submitted that at the most, the trial Court could have directed the Applicant to pay at the rate of Rs.1,500/- per month. He submitted that the amount fixed by way of mense profits is excessive. 3 The impugned judgment and decree is in the nature of the money decree. Therefore, the Applicant will have to deposit the decretal amount as a condition for grant of stay. 4 The learned counsel appearing for the Applicant 2 46 caf.4425.10 states that the Applicant has recently undergone a heart surgery and he is unable to deposit the decretal amount. Considering this aspect, by way of indulgence, longer time deserves to be granted to deposit the decretal amount. 5 Hence, the application is disposed of by passing the following order: i. Rule is made absolute in terms of prayer clause (a) subject to condition that the Applicant will deposit the entire decretal amount with the trial Court on or before 30 th November, 2011. If the amount is not deposited within the stipulated time, stay will stand vacated without further reference to the Court. ii. As and when the amount is deposited with the trial Court, the same shall be invested in fixed deposit with any nationalized bank till the further orders. [ A.S.OKA, J ]