1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.362 OF 2009 IN CIVIL REVISION APPLICATION NO.16 OF 2009 Mohammed Afzal Mohammed Ismail Memon .. Applicant V/s Mohd.Akram Fateh Mohammed & Ors.. .. Respondents Mr.N.V.Walawalkar, Sr.Advocate i/by Ms.J.P.Thakkar for the Applicant. Mr.R.A.Thorat i/by Mr.Kamlesh Mali for the Respondents. CORAM: A.S.OKA, J. DATE: 18th November, 2010. P.C.: 1. Submissions of the learned counsel were heard. This is civil application is taken out in the pending Civil Revision Application for seeking a direction against the revision applicants to pay compensation as a condition for grant of stay. The applicant in this application is the Respondent in the Civil Revision Application and the original plaintiff. 2. Challenge in the revision application is to the decree for possession which has been confirmed in the appeal. The decree has been passed in a suit under section 41 of the Presidency Small Causes Courts Act. On 24.6.2009, rule was issued in the revision application and the ad-interim relief of stay of execution of the decree was passed. 3. Learned senior counsel appearing for the applicant has placed reliance on two valuation reports annexed to the application. He submitted that 2 the decree for possession is in respect of a plot of land admeasuring 368 sq.meters which is located behind the Mahim Police Station, Mahim, Mumbai. Learned senior counsel submitted that the property is situated in prime locality. He submitted that the structure on the said property is being used both for residential and commercial use. He submitted that the valuation reports indicate that the minimum compensation payable in respect of the suit land is Rs.1,05,000/- per month. 4. Learned counsel appearing for the Respondents has invited attention of the Court to the affidavits on record. He submitted that the structure on the suit land has been constructed in 1949 and is affected by C.R.Z. He submitted that the necessary averments have been made by pointing out that the 1st Respondent has undergone bye-pass surgery and is not in a position to earn. He pointed out that though the 2nd Respondent is an Advocate he is not having a good practice. He submitted that the 3rd Respondent is employed and is not receiving sufficient income. Lastly he pointed out that the Respondent Nos.4 to 6 are the married daughters. 5. Learned senior counsel for the applicant submitted that the Respondents have not filed any valuation report on record. 6. I have given careful consideration to the submissions. In view of the law laid down by the Apex Court, the revision applicants will have to pay a reasonable amount by way of compensation as a condition for grant of stay. It appears that area of the land which is the subject matter 3 of the suit is about 368 sq.meters which is situated in Central Mumbai at Mahim. The Reports of the valuers constitute only an opinion evidence. The structure on the land – subject matter of the suit, is very old which is stated to be constructed more than 50 years ago. 7. Considering all these aspects, the amount as opined by the valuers cannot be fixed. Taking an overall view of the matter, the revision applicants will have to deposit compensation @ Rs.7,500/- per month from the date of the decree passed by the trial Court. Hence, Civil Application is disposed of by passing the following order:- (a) Ad-interim relief granted in the revision application on 24.6.2009 will continue to operate till final disposal of the revision application, subject to the condition of the revision applicants depositing with the trial Court a sum of Rs.7,500/- per month by way of compensation from the date of the decree passed by the trial Court till the disposal of the revision application. (b) Time to deposit arrears payable upto 30th November, 2010, is granted till 31st March, 2011. If the arrears are not deposited within the stipulated time, interim relief granted in the said revision application will stand vacated without further reference to the Court. (c) Revision applicants shall keep on depositing with the trial Court a sum of Rs.7,500/- per month from December, 2010 onwards, 4 on 15th day of every calender month. (d) If the compliance is not made, it will be open for the Respondent in the revision application to apply for vacating the stay. (e) Trial Court to act upon an authenticated copy of this order. (A.S.OKA, J.)