ndm FARAD CONTINUATION SHEET No. IN THE HIGH…
Interim stay of execution of money decree granted subject to furnishing security within three months.
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81 caf.448.09
ndm
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 448 OF 2009
IN
FIRST APPEAL NO. 1851 OF 2008
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
Mr. R.M.Pethe for the Applicant.
Mr. Sandeep Phatak i/b Sugandh Deshmukh for Respondent No.1.
P.C.
2 The prayer is for stay of execution of the money decree. As a normal rule, the Appellant is required to deposit the decretal amount as a condition for grant of stay. However, the learned counsel appearing for the Applicant prays for unconditional stay. There is a money decree against the Applicant. Considering the pendency of Appeals in this Court, the appeal may remain pending for more than twenty years and therefore, the decretal amount will have to be secured by the Applicant. Looking to the evidence of the notary public and extract of the register maintain by the notary public, this is a case where Applicant will have to be permitted
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81 caf.448.09
to give security for the entire decretal amount as a condition for grant of stay.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
