-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.6132 OF 2007 APPLICATION NO.6132 OF 2007 APPLICATION NO.6132 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2754 OF 2007 APPEAL NO.2754 OF 2007 APPEAL NO.2754 OF 2007 Ramniklal Karsam Prajapati & Ors. ...Applicants vs. Smt.Surekha S.Jadhav ...Respondent Ms Sneha S. Dwivedi for the Applicants Ms Sharmila Deshmukh for the Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 25, 2008 : FEBRUARY 25, 2008 : FEBRUARY 25, 2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. The Applicants are the Appellants who have challenged the decree for possessions passed against them in a suit filed by the Respondent. Apart from passing a decree for possession, the learned trial Judge has directed the Applicants to pay compensation at the rate of Rs.2000/- p.m. from the date of filing of the suit till the date of delivery of the possession. 2. As the decree for possession has been passed and the First Appeal has been admitted, execution of the decree for possession will have to be stayed. However, considering the nature of the findings recorded by the trial court, there cannot be an unconditional stay. Hence, Civil Application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause -2- (a) subject to compliance with the following conditions : a) That the Applicant will deposit with the trial court compensation at the rate of Rs.2000/- p.m. from the date of filing of the suit till 29th February 2008 on or before 30th June 2008. b) The Applicant will keep on depositing with the trial court compensation at the rate of Rs.2000/- p.m. from March 2008 till the disposal of the Appeal regularly and punctually on or before 15th day of every calender month. ii) If the aforesaid amounts are deposited by the Applicants, the trial court will permit the Respondent to withdraw the same on furnishing adequate security for the said amounts. iii) In the event, the Applicants commit default in depositing the aforesaid amounts, it will be open for the Respondent to apply to this court for vacating interim relief. iv) There will be no order as to costs. JUDGE JUDGE JUDGE