-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.65 OF 2008 APPLICATION NO.65 OF 2008 APPLICATION NO.65 OF 2008 IN IN IN SECOND SECOND SECOND APPEAL NO.31 OF 2008 APPEAL NO.31 OF 2008 APPEAL NO.31 OF 2008 Mahadev Bahiru Patil ...Applicant vs. Yeshwant Bharrao Patankar ...Respondent Mr.D.S.Sawant i/b Mr.Rajesh Parab for the Appellant Mr.H.S.Venegaonkar for the Respondent. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 P.C.: P.C.: P.C.: 1. Rule. Heard Advocates for the parties. Second Appeal is admitted for final hearing. Decree for redemption of mortgage will have to be stayed subject to compliance with conditions. Hence, I pass the following order : i) Till the final disposal of the Second Appeal, decree for redemption of mortgage shall not be executed on the condition that the Applicant will not create any third party interests in respect of the suit property and will not part with possession of the suit property till the disposal of the Appeal. ii) In case the Applicant commits any breach of this order, it will be open for the Respondent to apply for vacating the order of interim relief. iii) There will be no order as to costs. -2- JUDGE JUDGE JUDGE