1 (WP8258.10 WITH CAW439.11) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8258 OF 2010 ALONGWITH CIVIL APPLICATION NO.439 OF 2011 IN WRIT PETITION NO.8258 OF 2010 Ruksana Noormtiya Bare .... Petitioner. V/s Farida Abubakar Menon and Others .... Respondents. Mr. S.J. Khera for the Petitioner. Mr. P.J. Ramchandani for the Respondents. CORAM: V. M. KANADE, J. DATE : 29th April, 2011 P.C.:- 1. Appellant is challenging the interim order passed by the Division Bench of the Small Causes Court in appeal filed by them. Respondents had filed a suit for eviction of the Petitioner herein. The said suit was decreed on 13/2/2009. Against the said judgment and decree an appeal was filed before the lower appellate court. In application seeking stay of the execution of the decree, the Trial Court has directed the Petitioner to pay Rs 6000/- per month from the date of the decree. The Petitioner herein has deposited Rs 70,000/- pursuant to the directions given by this Court. 2 (WP8258.10 WITH CAW439.11) 2. In my view, it would be appropriate if the Petitioner herein is directed to deposit Rs 55,000/- in the Small Causes Court during pendency of the appeal and a direction is given to the lower appellate court to decide the appeal as expeditiously as possible and, in any case, within a period of six months from today. This amount shall be deposited within six weeks. 3. Writ Petition is accordingly disposed of in the aforesaid terms. All contentions raised by both parties are kept open. 4. Since Writ Petition itself is disposed of, Civil Application does not survive and the same is also disposed of. (V.M. KANADE, J.) 3 (WP8258.10 WITH CAW439.11)