1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 2045/2010 IN First Appeal NO. 802/2010 (Chandrabhan Madhav Gawali VERSUS Smt. Shobha wd/o Ulhasrao Watkhede) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.P. Dhruv, counsel for the appellant. Shri S.V. Sohoni, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 25 , 2010 . Heard. The learned counsel for the respondent opposes the prayer made in the civil application and states that the balance consideration is deposited in the trial Court. The learned counsel for the respondent further states that some conditions may be imposed on the appellant while granting the stay. However, since the first appeal is admitted and the matter can be argued both on facts and law, the stay cannot be granted subject to conditions. However, this Court had asked the counsel for the respondent whether the respondent was desirous of withdrawing the balance amount deposited in the trial Court without prejudice. But, the learned counsel for the respondent has stated that the respondent is not desirous of withdrawing the same and the same may be directed to be placed in a fixed deposit account. Hence, the judgment and decree passed by the trial Court is stayed during the penency of the appeal. 2 The amount deposited by the respondent in the trial Court should, however, be placed in a fixed deposit account of a nationalized bank initially for a period of three years and the same may be renewed from time to time during the pendency of the appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE