1 81 caf.448.09 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 448 OF 2009 IN FIRST APPEAL NO. 1851 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.M.Pethe for the Applicant. Mr. Sandeep Phatak i/b Sugandh Deshmukh for Respondent No.1. CORAM : A.S.OKA, J. DATE : 25 th January, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The prayer is for stay of execution of the money decree. As a normal rule, the Appellant is required to deposit the decretal amount as a condition for grant of stay. However, the learned counsel appearing for the Applicant prays for unconditional stay. There is a money decree against the Applicant. Considering the pendency of Appeals in this Court, the appeal may remain pending for more than twenty years and therefore, the decretal amount will have to be secured by the Applicant. Looking to the evidence of the notary public and extract of the register maintain by the notary public, this is a case where Applicant will have to be permitted 2 81 caf.448.09 to give security for the entire decretal amount as a condition for grant of stay. 3 Hence, the application is disposed of by passing the following order: i. There will be interim relief in terms of prayer clause (a) subject to condition of the Applicant furnishing security for the entire decretal amount to the satisfaction of the trial Court within a period of three months from today ; ii. The original plaintiff will he heard before accepting the security ; iii. If the Applicant fails to furnish the security within the stipulated period, stay will stand vacated without further reference to the Court. [ A.S.OKA, J ]