IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.206/2008 Raju Telrandhe ..vs.. Santosh Jaiswal ================================== CORAM: S.R. DONGAONKAR, J. DATE:1.8.2008. Civil Application no.3831/2008 Heard Mr. Puri, Advocate for the appellants and Mr. Modak, Advocate for the respondents. It appears that the respondent / defendant had filed the suit for specific performance of contract, it was dismissed. Later on in appeal reversing the finding as regards the payment of earnest money, learned Appellate Judge allowed the appeal to the extent of refund of earnest money. Accordingly the decree was passed against th defendants. Defendants now in this appeal challenge that order. Appellants/ defendants are seeking stay to the execution of the appellate decree of refund of earnest money. Application has been opposed by the respondents saying that the judgment of the appellate court is correct on merit. As the appeal has been admitted on substantial question of law, which is in relation to the earnest money itself, the stay will have to be granted. Hence stay as prayed granted, however, subject to furnishing solvent security to the satisfaction of the learned appellate Judge. Application stands disposed of. JUDGE smp.