spb/- 1 wp405-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 405 OF 2011 Vasant D. Churi ... Petitioner. . V/s. Venu Vasant Raikar ... Respondent. --- Mr. S.S.Redekar for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 25th JANUARY, 2011. P.C. 1 Besides being interlocutory, there is no need to interfere in the impugned order because in my view the order is obviously an appropriate order. 2 The petitioner-tenant suffers a decree for possession passed against him by the trial court. In an appeal, the appellate court granted a stay for execution of the decree. However, in view of the decision of the Supreme Court in the case of Atma Ram Properties Ltd. vs. Federal Motors (P) Ltd., 2005 (3) Bom. C.R.274 (SC) :2004 DGLS (soft) 889 : 2005(1)S.C.C.705, the Appellate Bench directed the petitioners to pay interim compensation at the rate of Rs. 4000/- per month as a condition for stay of execution of a decree. The suit premises are situated near Shivaji Park, Dadar, Mumbai and admeasure about 600 sq.ft.. A judicial notice can be taken about the fact that the suit premises are situated in a prime locality in Mumbai and taking into consideration the extent of the spb/- 2 wp405-11.sxw suit premises, the compensation of Rs.4000/- is only a fractional part of the present market rates of rent in the locality. 3 In the circumstances, no interference is called for in the impugned order. The writ petition is rejected summarily. 4 Time for payment of current rent /compensation is extended by eight weeks. [D.G. KARNIK, J.] .....