ash 1 caf-5748 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO. 5748 OF 2007 IN FIRST APPEAL NO. 2614 OF 2007 Vijaykumar Dattatraya Shetye. .. Applicant Vs Ravindra Shankar Mahakal & Anr. .. Respondents. -- Shri Rakesh K. Singh for the Applicant. Shri Chetan S. Damre i/by Shri D.N. Salvi for the Respondent No.1. Shri Rajesh More for Respondent No.2. -- CORAM : A.S. OKA, J DATED : 4TH OCTOBER, 2011 P.C. . Heard learned counsel appearing for the Applicant. The Applicant is the first Defendant against whom a decree for possession has been passed. The Trial Court has also decreed to pay damages at the rate of Rs.3,000/- per month from December, 2002 till the delivery of possession. 2. The learned counsel appearing for the Applicant submits that as the suit is between the licensor and licensee for possession of the residential premises, the same would be governed by Section 33 of the Maharashtra Rent Control Act, 1999. ash 2 caf-5748 3. However, prima facie, I find that Section 33 is not applicable when the suit is between the licensor and licensee for recovery of possession of the premises subject matter of the licence, and therefore, the suit was competent in a Civil Court. 4. The Appeal has been admitted. However, the finding of the Trial Court is that the Applicant has no right to occupy the suit flat. Therefore, clause (3) of the operative part of the decree cannot be stayed which directs payment of compensation of Rs.3,000/- per month. 5. Hence, I pass the following order: ORDER : (a) There will be stay of execution and operation of the decree for possession subject to the condition of the Applicant depositing with the Trial Court the compensation amount of Rs.3,000/- per month from 1st December, 2002 till 31st October, 2011 on or before 31st March, 2012. (b) The stay is granted subject to further condition that from November, 2011, the Applicant shall continue to deposit a sum of Rs.3,000/- per month with the Trial Court on or before 15th day of every calender month. ash 3 caf-5748 (c) If the amount of arrears is not deposited on or before 31st March, 2012, the stay shall stand vacated without further reference to the Court. (d) In case of any breach of this order as regards the deposit of the amount payable from November, 2011 onwards, it will be open for the original Plaintiff to apply for vacating the interim relief. (e) As and when the amount is deposited, it will be open for the first Respondent to apply before this Court for permission to withdraw the amount. (f) The Civil Application is disposed of on above terms. ( A.S. OKA, J )