1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.1996 OF 2007 IN FIRST APPEAL NO. 232 OF 2007 (VASUDEOBHAI J. RATHORE & OTH. Vs SMT. NEELA PRABHULAL RATHORE.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri M.G.Bhangde, Sr. Advocate for Appellants. Shri R.R.Srivastava, Advocate for Respondent. CORAM : K.J.ROHEE & R.C.CHAVAN, JJ. DATED : APRIL 02, 2008. 1. Heard learned counsel for the parties. 2. Shri Bhangde, learned Senior Counsel for the appellants submitted that the appellants have deposited decreetal amount of Rs.9,40,000/- in the Court. He further submitted that the said decreetal amount includes interest up to 31st March, 2006. As such it is necessary to stay the impugned decree so far as it relates to payment of future interest from the date of suit till depositing of the said amount with the Court. 2 3. We are not inclined to accede to this request, because it is not clear as to whether decreetal amount of Rs.9,40,000/- is really inclusive of interest. Even if, for a moment, it is presumed to be so, the Court Commissioner who would take accounts during final decree proceedings, may take care of this situation. At this stage, we are not inclined to stay the direction to pay future interest from the date of suit till deposit of the said decreetal amount in the Court. It is however, made clear that the Respondent is not permitted to withdraw the amount of interest. 4. Shri Bhangde, learned Senior Counsel for the appellants, further submitted that he reserves his right to challenge report of the Commissioner on the basis of which final decree would be drawn. He is permitted to do so. 5. In view of this, the Civil Application is, accordingly, disposed of. JUDGE JUDGE RR.