1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.498 OF 2009. IN FIRST APPEAL NO.134 OF 2009. SMT. PARVATI SUNDE AND OTHERS VS. JAGDISHRAJ CHHABDA Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.S. Shingne Advocate for the applicant. Shri V. M. Deshpande, Advocate for Respondent., Coram : B.P.DHARMADHIKARI AND F.M.REIS, JJ. Dated : 23RD July, 2009. 1. Heard. 2. The suit for specific performance has been decreed and the first appeal against it has been admitted. 3. In the circumstances, stay of execution of the sale deed during the pendency of the present appeal. Both parties shall not create any third party interest or any other encumbrance over the suit property in the meanwhile. 4. The respondent who has deposited the balance amount of about Rs.11 lacs (roughtly) is free to withdraw it without prejudice to his defence in the matter after furnishing an undertaking that in case 2 the appeal is dismissed, he will re-deposit it within such time as this Court may order. 5. If the amount is not so withdrawn by the respondent within the period of three months from today, same shall be invested in any nationalized bank initially for a period of three years. JUDGE JUDGE /Muley/