1 caf 2845.22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. CIVIL APPLICATION (CAF) NO. 2845 OF 2022 IN FIRST APPEAL (STAMP) NO. 3417 OF 2021 ( Maharashtra Housing and Area Development Corporation Mumbai ..vs.. Sau. Sangita w/o Arun Chintalwar and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Bhushan Mohata, Counsel for the appellant, Ms. Kirti Satpute, Counsel for respondent No.1, Mr. B.M. Kharkate, Counsel for respondent No.2(a) and 2(b), Mr. S.B. Bissa, A.G.P. for respondent No.3. CORAM : ANIL L. PANSARE & NIVEDITA P. MEHTA, JJ. DATED : 21 st AUGUST, 2026 By the present application, the respondent No.1 is seeking to vacate the order of stay for non compliance of condition. 2. We have gone through the order granting stay, which was passed on 07-04-2021. The execution of the impugned judgment and order dated 28-08-2019 was stayed subject to depositing 50% of decretal amount with the Registry of this Court within a period of eight weeks from the date of order. The learned Counsel for the applicant/respondent No.1 submits that amount has been not deposited till today. As against the learned Counsel for the appellant submits that the amount has been deposited with the reference Court. 3. As we see the condition was to deposit amount with the Registry of this Court and if such a condition has been not complied with, the stay would not operate. 2 caf 2845.22 4. The parties are aware of the conditional order passed while granting stay. Despite such a status, present application has been filed which ought not to have been filed because both the parties are aware of the status. The applicant/respondent No.1, in such circumstances, had a different remedy before the different Court, which he may avail justifying continuance of execution. 5. With the aforesaid observations, the application is disposed of. Civil Application (CAF) No.810/2021. It appears that the application seeking condonation delay in filing appeal has been filed in the appeal which is not registered. 2. The applicant shall take corrective measures. 3. List thereafter. (Nivedita P. Mehta, J.) (Anil L. Pansare, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: Senior Pvt. Secretary Date: 21/08/2026 17:43:30