1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.4703/2003 IN FIRST APPEAL NO.1724/2003 Saukat Hussainbhai Fakirbhai Khalifa and another. ..Applicants -VERSUS- Gulam Basir Suleman Khalifa and others ..Respondents ......... Mr.Uday P. Warunjikar, Advocate for the applicants. None for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 12th MARCH, 2009. P.C. : 1. Heard Shri Warunjikar, the learned counsel for the applicants. The learned counsel for the respondents is absent. 2. It is pointed out that ad-interim stay of execution of the impugned judgment and decree was granted on 15.12.2003. However, thereafter, the appeal came to be dismissed and thereafter, has been restored in the year 2009. Apprehending execution of decree for possession, the stay application is pressed in service. 2 3. Perusal of the impugned judgment dated 26.02.2003 passed by the Civil Judge Senior Division reveals that besides the decree for possession, a money decree is also passed in favour of the plaintiffs and against the defendants Nos.1 and 2 to pay the plaintiffs the mesne profit at the rate of Rs.500/- per month from the date of filing of the suit until the recovery of possession. 4. The learned counsel for the applicants fairly admits that nothing has been deposited towards the mesne profit. 5. In the result, I pass the following order:- Ad-interim stay of execution of the judgment and decree impugned in the appeal is granted subject to the condition that the applicants/appellants shall deposit the mesne profit at the rate of Rs.500/- per month from the date of filing of the suit till the date, within a period of eight weeks from today. The applicants/appellants shall continue to deposit the amount of mesne profit every month at the same rate during the pendency of this appeal. 6. The Civil Application disposed of. JUDGE