1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.734 OF 2008 IN FIRST APPEAL NO.231 OF 2008 Shantilal R. Koli : Applicant. Versus Nirmala Dasharath Bhilare : Respondent. Shri. M.D. Parab for the Applicant. Mrs.Badadare for the Respondent. CORAM : R.M.SAVANT, J. DATED : September 19, 2008 P.C. 1. By the above Civil Application, the Applicant prays for the stay to the Judgment and Decree dated 10/10/2007 passed by the learned 2nd Joint Civil Judge, Senior Division, Thane in Special Civil Suit No.220 of 2003. The decree passed is one for possession against the Applicant. The above First Appeal has been admitted and in the above Civil Application ad-interim stay is granted on the 2 condition that the Applicant deposits a sum of Rs.1000/- per month from 23rd September 2001 till 31st March 2008 within a period of three months and thereafter keeps on paying monthly compensation at the rate of Rs.1,000/- per month from 1st April 2008 onwards until further orders are passed in the above Civil Application. 2. The Applicant has filed an affidavit dated 4/7/2008 wherein it has been stated that for the period of 23/9/2001 till 31/3/2008, the Applicant has deposited an amount of Rs.78,000/- for the said period of 78 months and has also deposited a sum of Rs.3,000/- for the period from 01/04/2008 till 31/7/2008. Thus, the total amount deposited by the Applicant in the trial Court is Rs.81,000/-. 3. Considering the nature of the decree passed as also considering the deposits made by the Applicant, in my view, ad interim relief granted in terms of prayer clause (a) by the order dated 19th March 2008 is required to be confirmed and is accordingly confirmed. However, since the deposit was to be made till disposal of the above Civil Application, considering that the Applicant is in 3 possession of the premises in question and also considering that the decree is one for possession, in my view, interest of justice would be served if the Applicant is directed to deposit Rs.1,000/- per month in the trial Court at intervals of six months each, pending disposal of the above First Appeal. In case, any default is committed in depositing the amount as directed by this Court, the stay granted in terms of prayer clause (a) would stand vacated. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]