1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. No.618/2010 in Second Appeal No.344/2010 ( Shri Tikaram s/o Pandurang Pansare ..V/s.. Shri Arun s/o Khushalrao Zade ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Kalar, Adv. for appellant. Mr. A.M. Ghare, Adv. for respondent. CORAM : SMT. V.A NAIK, J. DATE : 6th DECEMBER, 2010. The second appeal is admitted on the substantial question of law, the judgment passed by the first Appellate Court was stayed by an order dated 30th of July 2010 till the returnable date. It would be necessary to stay the judgment passed by the Appellate Court during the pendency of this appeal, hence the same is stayed. The respondent has deposited the balance consideration in the trial Court. The respondent is permitted to withdraw that amount as the same would be locked up, during the pendency of the appeal. The withdrawal of the amount by the respondent would however not cause any prejudice to his case and the 2 withdrawal would not mean that the respondent is not ready and wiling to perform his part of contract. Civil application is allowed in the aforesaid terms and disposed of. Judge Tambaskar.