Shri. Shankar Namdeo Mulik v. Shri. Surendra Gopal Kulkarni And ANR.

901.CAF1813_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1813 OF 2014 IN FIRST APPEAL No. 545 OF 2014 Shankar Namdeo Mulik ... Applicant vs.

Surendra Gopal Kulkarni & Anr. ... Respondents Mr. R.V. Bansode, Advocate for the applicant. Mr. Madhav Jamdar with Milind Deshmukh, Advocate for respondents. CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 29th January, 2015.

P.C.

Heard the learned counsel for the parties. Perused the contents of the Application. Also perused the judgment of the trial Court. Since the decree is for specific performance of contract, it would be necessary to stay the effect and operation of the judgment and decree during the pendency of the First Appeal.

Hence, the judgment of the trial Court is stayed during the pendency of the First Appeal. The applicant should, however, not alienate the suit property or create any third party interest therein during the pendency of the First Appeal.

The Civil Application is allowed in the aforesaid terms and disposed of.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)