IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO. 682 OF 2010 IN FIRST APPEAL NO.295/2010 Tulshidas @ Tulshiram Vithnu Nimsarkar -- versus - -Nitesh Birendra Poddar. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 26, 2010 . Heard Shri Tiwari, the learned advocate for the appellant and Shri Shareef for the respondent. Perused the judgment dated 31.12.2009. Since the first appeal is admitted, it would be necessary to stay the effect and operation of the judgment dated 31.12.2009 during the pendency of this first appeal. Shri Shareef the learned counsel for the respondent states that the respondent has deposited the balance consideration in the trial court. Since the first appeal may not be decided by this court within a short time, and would remain pending before this court for some time, the respondent is permitted to withdraw the balance consideration deposited by the respondent in the trial court. Withdrawal of the amount from the trial court would however, not mean that the respondent is not ready and willing to perform his part of the contract as he has deposited the amount in the trial court after passing of the decree in his favour. Hence in the facts and circumstances of the case, the judgment dated 31.10.2009 is stayed during the pendency of the appeal with liberty to the respondent to withdraw the amount deposited in the trial court. The civil application is allowed and disposed of in the aforesaid terms. JUDGE SMP