1 caf1273-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1273 OF 2011 IN FIRST APPEAL NO. 698 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. S. M. Shettigar for the applicant. Mr. Pradeep M. Patil for respondent Nos. 1 to 4. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 12, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents. This application was repeatedly adjourned to enable the parties to arrived at settlement. However, till today settlement is not arrived at. This application for stay is opposed by the learned counsel appearing for the respondents by pointing out that no case is made out for grant of interim stay. The learned counsel appearing for the respondents submitted that considering the conduct of the 2 caf1273-11 applicant, no relief should be granted. 2. The impugned decree is of specific performance of an agreement to sell immovable property. Appeal has been admitted for final hearing. Several issues of facts arise for consideration. Hence, a case is made out for grant of stay subject to certain conditions. 3. Hence, I pass the following order: :: O R D E R :: i. There will be interim relief in terms of prayer clause (a) subject to condition that the applicant shall not create any third party rights in respect of the suit property and shall not part with possession of the suit property. ii. A sum of Rs.9,65,000/- deposited by the respondents shall be invested in Fixed Deposit till the final disposal of the Appeal. (A.S.OKA, J.)