1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3984 OF 2008 IN SECOND APPEAL NO. 253 OF 2008 Bhavlal s/o Waman Patil Applicant Versus Pratap s/o Baburao Patil & another Respondents WITH CIVIL APPLICATION NO.3985 OF 2008 IN SECOND APPEAL NO. 254 OF 2008 Bhavlal s/o Waman Patil Applicant Versus Pratap s/o Baburao Patil & another Respondents Mr.P.R.Patil, advocate holding for Mr.P.B.Patil, advocate for the applicant. Mr.Girish Rane, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 21st August, 2009. P.C.: 1 Heard Shri Patil, learned Counsel appearing for the applicant and Shri Girish Rane, learned Counsel for Respondent No.1. 2 This is an application seeking stay of the decree passed by the trial Court, which has been confirmed by the first appellate Court. 3 Appellant is original defendant no.3 in Special Civil Suit No. 9/1995. It is contended that defendant no.3 is purchaser of agricultural property. The trial Court has passed decree in respect of partition and separate possession of agricultural as well as house property and plaintiffs are 2 held entitled to have ½ share in the suit property. 4 Considering the relevant circumstances and fact that appellant is possessed of the property and further that both the Courts below have held in favour of plaintiff no.1 - Respondents No.1 & 2 herein, while directing stay of execution of the decree, certain conditions are required to be imposed. 5 So far as partition of house property is concerned, admittedly, defendant no.2 in Special Civil Suit No.9/95 is concerned with the said property. Defendant no.2 does not appear to have preferred any appeal raising exception to the decree in respect of partition of the suit property. While entertaining the appeal of present appellant, stay of execution of the decree is required to be restricted to the agricultural property, which is stated to have been purchased by appellant – original defendant no.3. 6 In this view of the matter, execution and operation of the judgment and decree passed by trial Court in Special Civil Suit No.9/95 and Regular Civil Suit No.25/99, shall stand stayed on condition of deposit of Rs. 10,000/- (Rs.Ten thousand) per year by the appellant in the trial Court. The amount shall be deposited every year ending June. So far as amount for the year 2009 is concerned, applicant shall have liberty to deposit the amount until end of December, 2009. 7 Applications are, thus, allowed in above terms. Decree passed by the trial Court shall stand stayed so far as it relates to agricultural property only, on the condition enumerated above. 8 Civil Applications are disposed of. (R.M.BORDE) JUDGE ******* adb/ca398408