Ndm 1 caf.3776.07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3776 OF 2007 IN FIRST APPEAL NO. 2045 OF 2007 Datt Nagari Sahakari Pat Sanstha Ltd. ... APPLICANT VERSUS Tukaram Appa Apradh and ors. ... RESPONDENTS Shri. P.D.Dalvi for the Appellant. Shri. N.J.Patil for the Respondent No.1. CORAM : J.H. BHATIA, J DATE : 11th August, 2009. P.C. 1 Heard learned counsel for the parties. Perused the judgment of trial Court. The judgment reveals that the present Applicant, who was Defendant No.6 before the trial Court had not produced any document to show that the suit property was ever mortgaged with the Applicant. The learned counsel for the Applicant contends that a certificate under Section 101 of Maharashtra Co-operative Societies Act was issued and that the suit property was given as security towards said loan by the original Defendant No. 1. According to him, in view of this, the property could not be sold. It appears that no document is produced on record in support of the contentions. Therefore, even though the appeal is admitted, the Execution and operation of the decree cannot be stayed. Therefore, this application stands rejected. However, Respondent No.1 shall not create any third party interest over the suit property pending the appeal. Application is disposed of. J.H. BHATIA, J.