Mrs. Pushpa Ramesh Tagare And ORS. v. Mr. Rajiv Madhav Madane And ANR.

13-CAF-36512013.doc ars

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3651 OF 2013 WITH CIVIL APPLICATION NO. 1230 OF 2015 WITH CIVIL APPLICATION NO. 1232 OF 2015 IN FIRST APPEAL NO. 394 OF 2014 Pushpa R. Tagore & Ors.

.. Applicants

Versus

Rajiv D. Madane & Ors.

..Respondents.

Mr. S.C. Wakankar, for the Applicants.

Mr. S.G. Bhandary, i/b M/s. Bhandary & Bhandary, for the respondents. CORAM :

A.S. Oka, & A.P. Bhangale, JJ.

DATE :

17th April 2015 P.C. :

Time is sought on behalf of the Applicants. Applicants are Appellants who have suffered a money decree. By an ad-interim order dated 6th March 2014, ad-interim relief of stay of execution has been granted subject to the deposit of 50% of the decretal amount.

2.

Impugned decree is a money decree. Therefore, the entire decretal amount will have to be secured by the Applicants by depositing the same. A reasonable time deserves to be granted to the Applicants to deposit the entire decretal amount.

13-CAF-36512013.doc 3.

Accordingly, we dispose of this Application by passing following order. "There will be an interim stay in terms of prayer clause (a), subject to the condition of Applicants depositing the entire balance decretal amount as of date with this Court within a period of three months from today. If the entire decretal amount is not deposited within the stipulated time, stay shall stand vacated without further reference to the Court". 4.

Civil Application No. 1230 of 2015 shall be placed on board on 21st July 2015.

6.

Civil Application No. 1232 of 2015 is preferred by the Respondents in the First Appeal for modification of the ad-interim order. Today, the Application for interim relief has been disposed of finally. Hence, this Application does not survive and the same is disposed of. (A.P. Bhangale, J.) (A.S. Oka, J.)