FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL APPLICATION NO.8884/09 IN FIRST APPEAL NO. 2218 /2009 Shri R.N.Dhorde,Adv.for applicant. Shri S.V.Gangapurwala,Adv.for R. .... CORAM : R.K.DESHPANDE,J. DATE : 18/11/2009. 1] This is an application for stay to the judgment and decree dated 30/4/2009 passed by the learned Additional 5th Civil Judge, Senior Division, Ahmednagar in Special Civil Suit No.236/08. The decree is for the refund of earnest money of Rs.2,20,000/- with interest. Shri Dhorde, learned counsel for the applicant has contended that there is no basis for arriving at the figure of Rs. 2,20,000/- by the trial Court. However, Shri Gangapurwala, learned counsel for respondent has pointed out the finding recorded in Para 13 of the judgment and has urged that in the light of these findings, the decree being a money decree, the appellant is not entitled for stay of it. 2] After considering rival averments made by learned counsel for the respective parties, the interim stay is granted in terms of prayer clause B of the Civil Application, subject to the condition that the appellant shall deposit an amount of Rs.1,50,000/- in this Court within a period of 6 weeks from today. If the amount is not deposited, the interim order shall stand automatically vacated. Civil Application thus stands disposed of. (R.K.DESHPANDE, J.) umg/ca8884-09