1 C.A. No. 17139 of 2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 17139 OF 2010 (Siddiqui Shakil Ahmed & ors V. Nooruddin S/o Fakruddin & anr) in FIRST APPEAL NO. 2622 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. A.N. Ansari, Advocate for applicants Mr. N.K. Kakade, Advocate for respondents PER COURT : 1. Heard, the learned counsel for the respective parties. 2. Shri Kakade, learned counsel for the respondent submits that the decree has been passed by the trial Court after evaluation of the complete evidence, and as such stay need not be granted. 3. The appeal is admitted. As far as decree for possession is concerned, The 2 C.A. No. 17139 of 2010 possession of the appellant / applicant shall have to be protected. As far as monetary part of the decree is concerned, even as per Order 41 Rule 1 Sub rule 3 read with Order 41 Rule 5 Sub rule 2, the appellant / applicant is required to deposit the amount. In that light of the matter, the impugned Judgment and Decree is stayed to the extent of clause (2) of the operative part of the impugned judgment i.e. stay to the extent of delivery of possession. The appellant / applicant shall deposit the amount as directed by the trial court in clause (3) of the operative part of the order. The appellant / applicant shall also not create any third party interest, shall not change the nature of the suit property, during the pendency of the appeal. 4. Civil Application accordingly disposed of. 9th Mar.2011 ( S.V. GANGAPURWALA, J.) SDM* 3 C.A. No. 17139 of 2010