Syed Asif Ali Nizam Ali v. Shaikh Akbar Shaikh Nasir

1 36-ca304-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.304 OF 2015 IN R.C. NO.1763 OF 2014 Syed Asif Ali Nizam Ali ..Applicant

Versus

Shaikh Akbar Shaikh Nasir ..Respondent -- Mr.Pathan Zareef Khan, advocate for applicant Mr.M.A.Khan, advocate for respondent -- CORAM : M.T. JOSHI, J.

DATE : JANUARY 20, 2015 PER COURT :

Heard both sides.

2] In view of the fact that the earnest amount is already with the present applicant, stay to the execution of the decree is hereby granted upon deposit of Rs.Three lakhs within a period of eight weeks from the date of this order.

2 36-ca304-15.odt 3] Upon deposit of the amount, present respondent would be entitled for withdrawal of the same, on condition that in case, any order adverse to his interest is passed in this proceeding, he would refund the same within four weeks from the date of such order.

4] The application stands disposed of accordingly.

[M.T. JOSHI, J.] kbp