Bombay High CourtCAO/1694/2014dispossed offdismiss for default

Gajanan Narayan Joshi v. Sau. Jayashree Shriram Mahajan

2015-01-27Hon'Ble Shri Justice Z.A. Haq2 pages

fa67.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.67 OF 2015 AND CIVIL APPLN. (O) NO.1694 OF 2014 Gajanan Narayan Joshi -vsSau.Jayashree Shriram Mahajan ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ CORAM : Z. A. HAQ, J.

DATE : 27.01.2015.

Heard Shri P.M.Joshi, learned advocate holding for Shri U.J.Deshpande, advocate for the appellant and Dr.(Mrs.) R.S.Sirpurkar, learned advocate for the respondent. Admit.

Learned advocate Dr.(Mrs.) R.S.Sirpurkar waives notice on behalf of the respondent.

The appellant shall file private paper book within six months from today, failing which the appeal shall stand dismissed without reference to the Court.

CIVIL APPLN. (O) NO.1694 OF 2014 Considering the facts on the record, specifically the case of the respondent before the trial Court that the amount of Rs.11,60,000/- was paid in cash to the appellant, the following order will sub-serve the ends of justice.

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ORDER

(1) There shall be interim stay to the execution of the impugned decree on condition that the appellant shall deposit the the decretal amount with the Registry of this Court till 12/06/2015.

(2) If the amount is deposited within stipulated time, it shall be invested in fixed deposit in a Nationalized Bank, initially for a period of three years and to be renewed every year till the decision of the appeal.

(3) If the amount is not deposited within stipulated time, the interim stay shall stand vacated and the respondent shall be at liberty to execute the decree against the appellant. (4) Civil application is disposed of in the above terms.

JUDGE KHUNTE