.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5191 OF 2008 IN FIRST APPEAL NO. 1979 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.A.M. Saraogi for the appellants. Mr.V.M. Talreja for the respondents. CORAM : D.G. KARNIK, J. DATE : 18TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard both sides. 2. By this application, the appellants pray for stay of the operation of the order dated 12th September 2008 whereby they were restrained from entering into the suit flat. 3. The respondent no.1 is the original plaintiff no.1. The appellants, who are original defendants nos.1 and 2, are her brothers. - 2 - 4. The plaint discloses that the suit flat was purchased in the name of the plaintiff no.1 by her father. According to the plaintiff no.1, the flat was purchaser for her benefit and the defendants nos.1 and 2 have no right, title and interest in it. 5. Record discloses that the defendants nos.1 and 2 were residing in the suit flat long prior to the filing of the suit. The defendants have produced on record their ration card, electoral identity card, driving licence, etc. which show the address of the defendants to be the suit premises. If the defendants were in occupation of the suit flat, may be along with the plaintiff no.1 and others as members of the family, then that occupation of the defendants nos.1 and 2 needs to be protected till the disposal of the appeal. 6. In the circumstances, the civil application is allowed in terms of prayer clause (a) subject to the following conditions:- - 3 - (a) The applicants shall not in any way disturb the possession of the respondents nor cause any harassment to the respondents and their family. (b) The applicants shall furnish a security in the sum of Rs.5,000/- per month from the date of the appeal. The security shall be furnished either by depositing cash or by furnishing a bank guarantee on or before the 10th day of every British calender month. The security shall be furnished in the trial court. (c) In the event the security remains in arrears for two cumulative months, this order shall stand vacated without further reference to the Court. 7. The civil application is disposed of. (D.G. KARNIK, J.)