1 Civil Appln. no. 7977.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO 7977 OF 2009 IN FIRST APPEAL NO. 1935 OF 2004 Naryan S/o Kishan Sirgire and another ... Applicants V E R S U S Smt. Phulabai W/o Bhaguram Sirgire and others ... Respondents ... Mr. C.R.Deshpande,Advocate for Applicants Mr. M.M.Patil,Advocate for Respondent No.1 ... CORAM : A.V. NIRGUDE, J. DATED : 13th JANUARY, 2010 PER COURT : 1] Heard. 2] The appellants who are original defendant nos. 1 and 2 and who are admittedly in possession of the entire suit lands, has filed this application for staying the execution of impugned decree of partition and separate possession, which respondent no.1 obtained in suit bearing Regular Civil Suit No. 114 of 2006. It was her case that the appellants fraudulently obtained the sale 2 Civil Appln. no. 7977.09 deeds in respect of the undivided shares of her husband's property from him. On the other hand, the appellants contended that, the property though purchased was already divided amongst the brothers and the respondent no.1's husband sold his share for consideration through the two sale deeds. The Courts below held that the sale deeds were sham for want of consideration. 3] The learned Judge of the lower Court gave reasons for this finding. In view of this strong judgment against the appellants, the appellants can not succeed in getting blanket stay to the execution to impugned judgment and decree. Mr. Deshpande, learned counsel appearing for the applicants conceded that the process of partition can be initiated but he stated that his client should not be dispossessed, for they have, according to them parted with valuable consideration. In my view, having regard to the strong judgment against the appellants/applicants, they need to put to terms,if they wish to remain possession of the suit lands. Having regard to the area of land, I think the appellants should be directed to deposit Rs.25,000/- per year as adhoc mesne profit in the Court so that this amount can be invested in a Nationalized Bank as Fixed deposit and can be returned to the parties as per the judgment in the appeal. 3 Civil Appln. no. 7977.09 4] Hence, the order. ORDER I] Subject to applicants-appellants depositing an amount of Rs.25,000/- (Rs. Twenty Five Thousand) per annum, there shall be stay to the effect of impugned decree. II] The applicants-appellants shall deposit Rs.12,500/- (Rs. Twelve Thousand Five Hundred)for the year 2009 on or before 26th February, 2010 and the next yearly installment shall be deposited every year including this year on or before 16th November of each year. III] Accordingly the present Civil Application stands disposed of. (A.V. NIRGUDE, J.) MTK/