k 1/2 47 ia 12532.25 in sa 583.25 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12532 OF 2025 IN SECOND APPEAL NO.583 OF 2025 Randhir Tulanand Mishra ....Applicant IN THE MATTER BETWEEN Randhir Tulanand Mishra ....Appellant V/S Mohan Sahaji Pakhare & Ors. ....Respondents _________ Mr. Ashutosh R. Gote for the Appellant/Applicant. Mr. C.S. Joshi with Mr. T. Nimbalkar and A.M.C. Joshi for Respondent No.1. __________ CORAM : SANDEEP V. MARNE, J. DATE : 11 SEPTEMBER 2026. P.C.: 1. The Application is filed seeking stay to the execution of the decree. It is the case of the Plaintiff that agreed consideration between the parties was Rs.7,50,000/-. Whereas it is the case of the Appellant/Defendant that the agreed consideration was only Rs.3,50,000/-. It appears that during the course of evidence it transpired that the market value of the flat was Rs.6,03,989/-. In that view of the matter, Applicant will have to deposit substantial amount as a precondition for stay to the execution of decree. This is because the Applicant is enjoying possession of the flat. 2. Accordingly it is directed that there shall be stay to the execution of decree during pendency of the Appeal subject to the Applicant katkam Page No. 1 of 2 2026:BHC-AS:37767 k 2/2 47 ia 12532.25 in sa 583.25 as.doc depositing in this Court an amount of Rs.15,00,000/- within a period of six weeks. Needless to clarify that in the event the deposit is not made, the stay granted by this Court shall automatically stand vacated. 3. The Interim Application is accordingly allowed and disposed of. (SANDEEP V. MARNE, J.) katkam Page No. 2 of 2 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 16/09/2026 15:25:49