1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.No. 31/2008 Vijay Chhaganlal Potddar vs. The Yavatmal District Central Cooperative Bank Ltd. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 07.08.2008 Heard Mr. Mehadia, learned counsel for the petitioner and Mr. H.B.Bargat, learned counsel for the respondent. 2. Rule returnable early. 3. Mr. H.B.Bargat, waives service on behalf of the respondent. 4. Pending hearing and final disposal of the petition the execution of the impugned order dated 28.11.2007 only to the extent it directs recovery of possession of the suit premises is stayed subject to the following conditions. i) The petitioner shall deposit in this court an amount of Rs. 2500/- p.m. beginning from December 2007 till July, 2008 within a period of 8 weeks. The petitioner shall also deposit the amount of Rs. 2500/- p.m. beginning from August, 2008 on or before 10th January and 10th July every year beginning from 2009 till disposal of the writ petition. ii) Upon deposit the Registrar shall invest the amount in any Nationalsied bank initially for a period of one 2` year to be renewed from time to time till disposal of the petition. iii) The petitioner shall not create any third party right or interest or encumbrance in respect of the suit property. iv) The petitioner shall not change nature of the suit premises till disposal of the petition. 5. It is specifically made clear that the impugned order in so far as it directs the inquiry into mesne profits is not stayed. However, in case final order is passed in the said proceedings, the same shall not be given effect without obtaining leave from this court. Judge patle 3`