1 Caf-4644.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4644 OF 2010 IN FIRST APPEAL NO. 1836 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Mohan B. Jadhav for the Applicant. Shri S.V. Masurkar for the Respondent. -- CORAM : A.S.OKA, J. DATE : 20th JANUARY, 2011 P.C.: . Heard learned counsel appearing for the parties. During the pendency of the suit, the possession of the Applicant/Plaintiff was protected by the Trial Court. The finding of the Trial Court is that the Applicant has failed to prove his ownership in respect of the suit premises and that the Respondent has established that the applicant is his licensee in respect of the suit premises. 2. In the circumstances, though interim relief in terms of prayer clause (b) deserves to be granted, 2 Caf-4644.10 the Respondent will have to deposit a reasonable amount by way of compensation at the rate of Rs. 1,250/- per month with the Trial Court till disposal of the appeal. 3. Hence, the application is disposed of by passing the following order. ORDER (i) There will be interim relief in terms of prayer clause (b) subject to condition of the applicant depositing with the Trial Court compensation at the rate of Rs.1,250/- per month from 1st November, 2010 till disposal of the appeal. Compensation payable upto 31st January, 2011 shall be deposited on or before 15th February, 2011. Thereafter, compensation shall be deposited on or before 15th day of every calender month. (ii) In the event, the Applicant commits any default, it will be open for the Respondent to apply for vacating interim relief. 3 Caf-4644.10 (iii) As and when the amounts are deposited, it will be open for the Respondent to withdraw the same on furnishing adequate security to the amounts to the satisfaction of the Trial Court. (A.S.OKA, J)