1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2811/2010 Nandlal S. Kanekar Vs. Ratanlal M. Jaiswal ----------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. P.S. Patil, Advocate for the petitioner. CORAM: B.P.DHARMADHIKARI, J. DATE : 22nd JUNE 2010. 1] The petitioner is the plaintiff in a suit for specific performance and in that suit, he has been permitted recovery of earnest money. To recover earnest money he has already filed execution. The owner has filed execution for recovery of possession and therein the petitioner wanted protection of his possession till earnest money is retained. That was rejected. 2] In execution proceeding filed by the petitioner there was objection by owner, who wanted the earnest money to be adjusted towards his alleged claim of mense profits and that objection came to be rejected. 3] The petitioner has also challenged the denial of specific performance in Regular Civil Appeal No. 130/2009 and in that appeal he filed application for stay so as to protect his possession. After analysing these facts, the Appellate Court has rejected that 2 prayer. It is apparent that application of mind by the Appellate Court is neither erroneous nor perverse. Writ Petition is, therefore, rejected. JUDGE Ambulkar.