IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3787 OF 2004. APPLICATION NO.3787 OF 2004. APPLICATION NO.3787 OF 2004. IN IN IN FIRST FIRST FIRST APPEAL NO.2732 OF 2007. APPEAL NO.2732 OF 2007. APPEAL NO.2732 OF 2007. Charudatta Govind Aphale ... Applicant. Versus. Deepakkumar Bansilal Shah & Ors ... Respondents. Shri P.M.Arjunwadkar for the Applicant. Shri N.V.Vechalekar for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 01st February, 2008. : 01st February, 2008. : 01st February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the applicant and the advocate for first respondent. The impugned decree is a money decree. The advocate for the first respondent states that in terms of ad-interim order dated 21st November, 2007 applicant has not deposited the requisite amount. Advocate for the applicant states that he has no instructions in that behalf. 2. Considering the facts and circumstances of the case, Civil Application is disposed of by passing following order: (i) There will be interim relief in terms of prayer clause (a) subject to applicant depositing the entire decretal amount in the trial Court on or before 25th February, 2008. : 2 : 2 : 2 : If compliance is not made, interim stay will stand vacated without further reference to the Court. (ii) If compliance is not made, it will be open for the first respondent to apply to this Court for withdrawal of the amount. (iii) There will be no orders as to costs. Judge. Judge. Judge.