1 CAS 965/05 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.965 OF 2005 IN SECOND APPEAL NO.528 OF 2005 Shri Vaijanath Shankar Raut : Applicant/Appellant versus Mahesh Battatrava Kenjalkar : Respondent. Mr.D B Lonkar for the Applicant/Appellant. Mr.S.A.Sawant for the Respondent Nos.1, 2, 4 and 5 Mr. H V Kode for Respondent No.3C. CORAM:- RAJESH G.KETKAR, J DATED :- FEBRUARY 28, 2011. P.C. 1 Rule. Shri Sawant, learned counsel appearing for the Respondent Nos.1, 2, 4 and 5 waives service on behalf of the said Respondent. Shri Kode, learned counsel appearing for the Respondent No.3C waives service on behalf of the said Respondent. Office note indicates that Respondent Nos.3A and 3B are served. By consent of the parties, the Rule is made returnable forthwith and heard finally. 2 By this Application, the Applicant/Appellant prays for issuing injunction restraining the Respondents from alienating or creating any third party interest in respect of the suit premises and also for direction to the Respondents 2 CAS 965/05 to deposit Rs.1250/- per month towards the compensation and/or damages for their illegal and unauthorised occupation in the suit premises. This Application was heard at length. During the course of hearing, Shri Sawant, learned counsel appearing for the Respondent Nos.1, 2, 4 and 5, after obtaining instructions, made a statement that the Respondent Nos.1,2, 4 and 5 will not create any third party interest in respect of the suit premises. He further made a statement that without prejudice to the rights and contentions of the Respondent Nos.1,2, 4 and 5, they will deposit an amount of Rs.500/- per month with effect from 1st January 2009 till date within a period of four weeks from today in the trial court. He further made a statement that during pednency of the Appeal, the Respondent Nos.1,2, 4 and 5 will go no depositing the said amount of Rs.500/- per month of ensuing month in the trial Court. The Statements are accepted. In view of these statements, the Civil Application is made absolute in terms of prayer clauses (b) and the Respondent Nos.1,2,4 and 5 are directed to clear the arrears from 1st January 2009 till today at the rate of Rs.500/- per month within a period of four weeks from today and to deposit the amount of Rs.500/- per month in the trial Court on or before 10th of succeeding month. It is made clear that this order is passed without prejudice to the rights and contentions of the parties. (RAJESH G.KETKAR, J)