1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.8418 OF 2010 IN FIRST APPEAL NO.1340 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.N.K.Kakade,Advocate for Applicant. Shri.G.K.Naik-Thigle,Advocate for Respondent. .... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 30TH SEPTEMBER,2010. PER COURT : 1. Heard learned counsel for the parties. 2. Mr.Kakade, learned counsel appearing for the applicants submits that in the light of facts and evidence, the order passed by the trial Court is harsh and against record. The applicants have made out good grounds for staying the effect and operation of the Judgment and decree. 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. Mr. Thigle,learned counsel appearing for respondent submits that in fact, he had preferred an appeal for enhancement of the amount of compensation, in this Court, it would be circulated for admission. We have called for the papers in respect of the said Appeal, which is filed by the respondent. We find that the appeal is under some office objections. 4. Mr. Thigle, learned counsel for respondent submits that 1200 Sq. Feet constructed shop having basement area is being utilised by the applicants for their business purposes. The shop is located in busy locality having good commercial potentiality. Therefore, stay to the money decree shall not be granted. 5. Perused the Judgment and order. 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders After considering the submissions advanced and in view of the facts and attending circumstances of this matter, we are not inclined to grant stay to the Clause III and IV of the Judgment and order passed by the lower Court i.e. in respect of order of deposit of amount of compensation and monthly compensation to be paid by the applicants to the respondent. Therefore, prayer made in that respect is rejected. 6. However, the Judgment and decree in respect of handing over of possession of the suit property to the respondent- plaintiff stands stayed pending hearing and final disposal of the Appeal. 7. At this stage, Shri Kakade,learned counsel for applicants seeks eight weeks time to comply with the order passed in 4 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders respect of money decree. Mr. Thigle, learned counsel for the respondent- plaintiff submits that the suit property is being utilised since long back, therefore, the applicants shall deposit the amount forthwith. 7. Considering the submissions advanced, we grant six weeks time to the applicants, as per statement made by the learned counsel to deposit the said amount in the lower Court. The respondent-plaintiff is entitled to withdraw the amount deposited by the applicants and also continue to withdraw monthly compensation, which would be deposited by the applicants in the trial Court. If applicants commit successive three defaults in depositing monthly compensation of Rs.4000/-(Rupees Four Thousand) stay to the order of handing 5 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders over of possession shall stands vacated. . The Civil Application is disposed of accordingly. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL,J.] MTK