1 caf3725 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3725 OF 2010 IN FIRST APPEAL NO.1477 OF 2010 Ramesh Lekhraj Kruplani & Anr ....Applicants Appellant vs. Sarjerao Rajaram Suryawanshi ...Respondent Mr.Avinash Avhad for the applicants Mr.G.S.Godbole i/b Mr.Nitin Mulye for the respondent CORAM : A.S.OKA,J. DATE : JANUARY 24,2011 P.C.: 1 Heard learned counsel for the parties. The learned counsel for the respondent states that balance consideration in terms of the impugned decree has been already deposited by the respondent in the trial Court. His submission is that no case is made out for grant of stay. 2 Substantive first appeal challenging the decree for specific performance has been admitted. Decree for specific performance cannot be allowed to be executed during the pendency of the appeal. However, temporary injunction which was operating during the pendency of the suit will have to be continued. 3 The civil application is disposed of by passing the following order: i) There will be interim relief in terms of prayer clause (b). ii)The order of temporary injunction passed by the 2 caf3725 trial Court on 12th November 2008 which was confirmed by this Court in appeal, will continue to operate till the final disposal of the appeal. iii)The amount of Rs.16,00,000/- deposited by the respondent shall be invested in fixed deposit with any nationalised bank till the final disposal of the appeal. JUDGE