1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.174 OF 2010 Sheela Jawaharlal Nagori & Ors. ...Petitioners vs. Ashokumar Nagindas Saraf & Ors. ...Respondents Mr.Vishal Kanade i/b Mr.Sanjay Gawade for the petitioners Mr.S.M.Gorwadkar for respondent nos.1 to 4 CORAM :A.S.OKA,J. DATE : JANUARY 15, 2010 P.C. 1 Heard the learned counsel for the petitioners. The petitioners are the defendants in a suit for eviction filed by the respondents. The suit relates to a non residential commercial premises admeasuring 250 sq. ft. situated at Laxmi Road, Budhwar Peth, Pune. The suit premises are situated in Saraf Bazar where the main market of gold, silver and jewellary is situated. The petitioners suffered the decree of eviction. They preferred an Appeal before the District Court which was admitted and it is ready for hearing. By the impugned Judgment and order dated 1st October 2007 the Appellate Court stayed the execution of decree for possession subject to condition of the petitioners depositing a sum of Rs.10,000/- per month from the date of decree till the decision of the Appeal. This condition was imposed in view of the law laid down by the Apex Court in case of Atmaram Properties Private Limited Vs. M/s.Federal Motors Pvt.Ltd. [(2005 1 SCC 705]. 2 The submission of the learned counsel for the petitioners is that the amount is excessive, considering the fact that the agreed rent of the premises is Rs.108/- 2 for per month. He submitted that there is no proper valuation report on record and the condition of depositing a sum of Rs.10,000/- per month is oppressive. 3 I have considered the submissions. At the outset it must be stated here that the order dated 1st October 2007 is challenged by filing the present Petition on 19th October 2009. The explanation for delay is that the petitioners came across a decision of this Court delivered on 16th June 2008. That is no explanation for such a long delay of two years. Apart from this, the learned District Judge has considered the fact that the suit premises are commercial premises and the same are located in the prime business locality in Pune where the Saraf Bazar is located. The learned counsel for the respondent pointed out that the suit shop premises are situated at Laxmi Road at Pune which is the most prominent business locality in the city. At this stage no interference is called for in the impugned order. Writ Petition is rejected. The Appeal shall be disposed of expeditiously. JUDGE