1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3223 OF 2009 IN FIRST APPEAL NO. 1464 OF 2009 Shabari Adiwasi Finance & Development Corporation Ltd., Nandurbar through its Branch Manager. ....Applicant. Versus Gulab Tanaji Pawar .....Respondent. Shri. P.B. Patil, Advocate for applicant. Shri. J.R. Shah, Advocate for respondent. CORAM: R.K. DESHPANDE, J. DATED: 29th JULY 2009 PER COURT : 1. The appellant has filed this application for stay to the effect and execution of the judgment, order and decree dated 29.3.2008 passed by the learned Civil Judge, Senior Division, Nandurbar in Speial Civil Suit No. 25/2005, pending the decision of the instant appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the respondent. The operative part of the order passed by the Trial Court which is impugned in the instant appeal is reproduced below. 2 "(1) The suit is decreed with costs. (2) The defendant is directed to return the Truck bearing No. MH/18.M-1629 in the condition as it was on the date of seizure i.e. 7.2.2005 to the plaintiff. (3) The defendant do pay Rs. 35,000/- (Rs. Thirty Five Thousand only) to the plaintiff towards damages. (4) Decree be drawn up accordingly. " 3. So far as the direction regarding returning of truck bearing No. MH-18/M-1629 is concerned, the learned counsel for the appellant invited my attention to para No. 23 of the judgment of the Trial Court wherein it has been noted that the truck was auctioned for valuable consideration of Rs. 3,90,000/- on 21.12.2005. The Trial Court has held that the defendant has not followed the procedure and auctioned the suit truck illegally. There is no decree for payment of amount of Rs.3,90,000/- realized by the defendant by way of auction of the truck. The truck is already auctioned during the pendency of the suit as there was no order of injunction and possession of the truck has been handed over to the auction purchaser. 4. In view of this, pending the decision of the instant appeal, there is no question of compliance of condition in order clause (2) reproduced above. The operation of the order contained in Clause (2) shall be remained stayed. 5. The defendant is directed to pay an amount of Rs. 35,000/- towards 3 damages to the plaintiff. This being a money decree, there is no question of stay to the same. The appellant is directed to deposit the entire amount of Rs. 35,000/- in this Court within a period of four weeks from today. Upon deposit of the said amount, the judgment and decree passed by the Trial Court shall be stayed. If the amount is not deposited within a period of four weeks from today, the stay shall stand automatically vacated. Civil application stands disposed of in the above terms. [R.K. DESHPANDE, J.] ssc/ca3223.09