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.1777 OF 2007 APPLICATION NO.1777 OF 2007 APPLICATION NO.1777 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.343 OF 2008 APPEAL NO.343 OF 2008 APPEAL NO.343 OF 2008 Shri Sant Dnayeshwar Mauli Upasa Jalsinchan Sanstha Maryadit ..Applicant V/s. Shri Dattatray Ganpat Lingayat & Ors. ..Respondents ....... Mr. M.S. Karnik for appellant Mr. S.K. Shinde for respondent No.1 Mr. A.P. Karkhanis and Mr. Vinod Jadhav for respondent No.2 ....... CORAM CORAM CORAM : SHRI K.K. TATED, J : SHRI K.K. TATED, J : SHRI K.K. TATED, J DATE DATE DATE : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 P.C.: 1. Heard both the sides. The first Appellate Court by Judgment and decree dated 29th July, 2006 directed appellant to pay an amount of Rs.1,09,016/- to the respondent No.1 original plaintiff alongwith interest @ Rs.6% per annum from the date of suit till its realization of the entire amount. This is a money decree in favour of respondent No.1. The applicant preferred present application for stay of the money decree. Considering facts in the present case, civil application is made absolute in terms of prayer clause : 2 : (a) on condition that appellant will deposit decretal amount with interest within a period of 4 weeks from today, in trial court. On depositing the decretal amount, respondent No.1 original plaintiff is entitled to withdraw 50% amount without any security and remaining 50% by security to the satisfaction of the trial court except bank guarantee. 2. If the appellant failed to deposit decretal amount with interest within a period of 4 weeks from today in trial court, in that event, respondent No.1 is entitled to execute the decree. 3. If the amount is not withdrawn within 6 weeks from today, the same to be invested in any nationalized bank till hearing and final disposal of the present Second Appeal. Civil Application is disposed of. (K.K. (K.K. (K.K. Tated, J) Tated, J) Tated, J)