spb/- 1 cas952-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 952 OF 2010 IN SECOND APPEAL NO. 522 OF 1993 Smt. Laxmibai Vishnu More ... Applicant. (Org.Plaintiff). V/s. Shri Madhav Y. Rasal ... Respondent. (Org.Defendant) --- Mr. P.N. Joshi for the Applicant. Mrs. A.A.Agarwal for the Respondent. ----- CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 Heard Mr. Joshi for the Applicant and Mrs. Agarwal for the Respondent. Perused the Civil Application and the Affidavit-In-Reply. The Plaintiff’s suit for specific performance has been dismissed. The appeal has been dismissed and the Second Appeal is admitted. The prima facie findings recorded by the courts below indicate the possession of the Applicant. The Respondent has filed Affidavit-In-Reply indicating that the Respondent has deposited the entire amount of refund of earnest as directed by this court. That order was passed on 10.03.2004 in C.A. No. 37 of 2004. spb/- 2 cas952-10.sxw 2 Considering the fact that the Second Appeal is admitted and that the Respondent has deposited the amount as directed by this court by order dated 10th March, 2004 passed in C.A. No. 37 of 2004 and the findings regarding possession and the entries in 7/12 extract, showing that the Applicant is in possession, this is a fit case where both the parties should be directed to maintain status-quo as on today till disposal of the Second Appeal. 3 Hence, I pass the following order : a) Both the parties shall maintain status -quo in respect of the suit premises as on today as indicated above. b) If the amount of Rs. 86,305/- deposited by the Respondent in the Court at Nashik pursuant to the order dated 10th March, 2004 passed in C.A.No. 37 of 2004 is not already invested, the same shall be invested in a Fixed Deposit of a Nationalized Bank earning maximum interest in a cumulative interest scheme. The amount on maturity should also be re-invested in a fixed deposit of like nature till disposal of the Second Appeal or until any specific contrary orders are passed in the Second Appeal. (c) No order as to costs. [G.S. GODBOLE,J]