WP/6621/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6621 OF 2010 Raghubir Prasad Mathur & Anr. ... Petitioners V/s. H.L. Dama ... Respondent Mr. R.R. Tiwari for the Petitioners. Mr. P.S. Dani for the Respondent. CORAM: SMT. NISHITA MHATRE, J. DATE : 4 TH OCTOBER, 2010. P.C. : 1. The Writ Petition has been filed against an order dated 1st July, 2010 passed by the Appellate Bench of the Small Causes Court, Mumbai in Appeal No.89 of 2009 in R.A.E. Suit No.411/886 of 2004 thereby allowing Application at Exhibit - “5” filed by the respondent. By this order the appellant, i.e. the petitioner herein, has been directed to deposit arrears of rent @ Rs.1,447/- per month from the date of filing of the Suit till the date of the decree of the trial Court. It has further been directed to deposit the compensation amount @ Rs.10,000/- per month from the date of the judgment of WP/6621/2010 the trial Court till the order was passed by the Appellate Court. A further direction has been issued to deposit compensation @ Rs.10,000/- per month on the 10th day of each month in the Court. The decree of the trial Court passed in R.A.E. Suit No.411/886 of 2004 has been stayed on these conditions. 2. On a perusal of the order passed by the Appellate Court, in my opinion, there is no need to interfere with the same. The Appellate Court has taken note of an agreement in respect of a flat adjacent to the suit flat which has been leased to a third party. The market rent fixed in respect of the flat is Rs.14,000/- for an area of 438 sq.ft. The Court has considered the fact that the area in respect of the Suit flat which is situated at Andheri is 538 sq.ft. On this basis the Appellate Court has fixed the compensation payable @ Rs.10,000/- per month. In my opinion, there is no need to interfere with the order passed by the Appellate Court. In any event the amount is directed to be deposited in Court and there is no order for disbursement of the same to the respondent-landlord. WP/6621/2010 3. The Writ Petition is rejected. 4. On the application made by the learned Advocate for the petitioners, the stay granted earlier to continue on condition that the petitioners deposit a further sum of Rs.50,000/- in this Court within a period of eight weeks from today. Stay to continue for eight weeks only.