1 21-caf.3342.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3342 OF 2010 IN FIRST APPEAL NO. 1283 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Abhay Jagtap for the Applicants. Mr. Nikhil Karnawat for Respondent Nos. 1 and 2. CORAM : A.S.OKA, J. DATE : 25 th January, 2011. P.C. 1 This is an application taken out by the original Defendants in an appeal preferred by them for challenging the decree passed by the learned trial Court by which prayer for specific performance in the suit filed by the Respondents was rejected, but the prayer for refund of consideration has been decreed. The contention of the learned counsel appearing for the Applicants is that there was evidence adduced to show that the amount was repaid by the Applicants. However, the said contention has been rejected by the learned trial Court. The impugned decree is a money decree and therefore, as a condition for grant of stay, the Applicants will have to deposit the decretal amount. A reasonable time will have to be granted for that purpose. 2 21-caf.3342.10 2 Hence, there will be interim relief in terms of prayer clause (B) subject to condition of the Applicant depositing the entire decretal amount with the trial Court within a period of three months from today. 3 If the Applicants fail to deposit the entire decretal amount within the stipulated time, interim stay will stand vacated without further reference to the Court. [ A.S.OKA, J ]