1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2789 OF 2009 IN FIRST APPEAL NO.977 OF 2009 Kamal Mahavirprasad Morarka .....Applicant V/s. Mohan Atmaram Patil and Anr. ..... Respondents Mr.G.S.Godbole a/w Mr.Rajesh Patil i/by Mr.Mahesh Jani & Co., for the applicant. Mr.P.S.Dani, for the respondent No.1. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : AUGUST 17, 2009 P.C. 1. Considering the fact that the appeal is already admitted, execution and operation of the decree for specific performance passed by the trial court is stayed. The applicant is directed not to create any third party interest in the suit land and not to make any construction in the suit land. The parties are directed to maintain status quo prevailing as on today. However, the applicant may continue to carry out agricultural operation. 2. The amount deposited by the original decree holder in the trial court may be invested in a Nationalized Bank initially for a period of three years. 2 3. Considering the facts and circumstances of the case, hearing of the appeal is expedited and appeal is fixed for final hearing in the first week of December 2009. R & P is called for. The appellant may give entire set of evidence by preparing private paper book within a period of eight weeks from today. It is clarified that in case the appeal is not decided, it will be open for the parties to approach the Court for modification of the interim relief. 4. Civil application is disposed of. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)