CA 16094.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 16094 OF 2010 IN FIRST APPEAL ST. NO. 33442 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders CORAM : S. V. GANGAPURWALA, J. DATED : 18th March, 2011. PER COURT : 1. This is an application for stay to the impugned judgment and decree. The Trial Court has decreed the suit for specific performance of contract. The defendant has preferred the appeal and the appeal has been admitted. In view of the fact that the appeal is admitted, the position of statusquo is to be maintained. 2. Shri. Katneshwarkar, learned counsel for respondent/ plaintiff states that the appellant is enjoying the possession of the property. The land in question is Bagayat land and appeal is admitted. As such the applicant be directed to deposit the amount which he would receive every year in the Court. 3. Taking into account the fact that the appeal is admitted, I am inclined to stay the impugned judgment and decree and pass the following order. (1) The impugned judgment and decree is stayed till the decision of the first appeal. CA 16094.10 2 (2) As per the judgment delivered by the Court below it is proved that the defendant/present appellant has received Rs. 1,40,000/- as an earnest amount. The said fact is disputed by Shri. Bhokrikar, learned counsel for the applicant/defendant. Still as it is held by the Court below and the same would require adjudication at the time of final hearing, I direct the appellant to deposit the amount of Rs. 1,40,000/- (Rupees one lac forty thousand) in this Court within eight weeks. The said amount be kept in fixed deposit of any Nationalized Bank. (3) The applicant shall not create any third party interest or change the nature of the suit property. (4) Hearing of the appeal is expedited. (5) Civil Application disposed of. [ S. V. GANGAPURWALA, J. ] ssc/ca16094.10