1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F.No. 2/2011 IN F.A.ST.No. 18750/2010. Robert Meghraj Wanjari Versus 1.Prafull Ashokrao Shelke and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : R.M.SAVANT, J. DATED : 05.01.2011. Heard Shri Harshal Bobade, learned Counsel for applicant/appellant and Shri R.S. Subhedar, learned Counsel for respondent nos. 1 and 2/caveator. By the above Civil Application, the applicant/ appellant seeks condonation of delay of 28 days in filing First Appeal. The reasons for said delay have been mentioned in the Civil Application. For the said reasons, delay of 28 days in filing First Appeal is condoned. The learned Counsel appearing on behalf of respondents, submit to the orders of the Court. Civil Application is accordingly disposed of. ................ 2 First Appeal No. /2011. The First Appeal has been moved for urgent orders after the Civil Application for condonation of delay was allowed by this Court today. The appeal has been moved in view of the fact that the auction sale, pursuant to the impugned decree is to take place tomorrow. The prayer for interim relief finds place in prayer clause (b) of the appeal memo. The learned Counsel for the appellant states that the appellant would deposit an amount of Rs. 15,00,000/- out of the decreetal amount by 15th January, 2011. On the said statement, though the auction purchase is permitted to be proceeded with, the further steps to confirm the sale would stand stayed till further orders of this Court in the matter. List the First Appeal for admission on 17.01.2011. It is made clear that if the amount of Rs. 15,00,000/- is not deposited in terms of the statement made by the appellant, the benefit of this order would not tenure to the appellant. JUDGE Rgd