.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5347 OF 2007 IN FIRST APPEAL NO. 2299 OF 2007 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.S.S. Shah for the applicants. Mr.G.N. Salunkhe for the respondent. CORAM : D.G. KARNIK, J. DATE : 17TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard both sides. 2. This application is made by the applicants for stay of the execution of a decree passed by the trial court. 2. The decree is for possession of an immovable property - agricultural land. Since the applicants are in possession of the property, the execution of the decree can be stayed conditional upon their furnishing security for mesne profits. The area of the land is about 13 acres. - 2 - In my view, the security of Rs.30,000/- per year would be appropriate security. Hence, I pass the following conditional order:- (a) The applicants shall furnish security in the sum of Rs.1,50,000/- for the mesne profits for the period from 2004 to 2008. 50% of the security shall be in the form of cash to be deposited in the trial court and the balance 50% shall be in such other form as may be considered adequate by the trial court. This security shall be furnished within 6 weeks. (b) The applicants shall further furnish security of Rs.30,000/- per year from 1st January 2009 till the disposal of the appeal. The security shall be furnished on or before 31st March of every British calendar year in the trial court. 50% of the security shall be in the form of cash and the balance 50% shall be in such other form as may be considered adequate by the trial court. (c) The cash security to be furnished - 3 - in the trial court shall be invested in a nationalised bank of the choice of the applicants if such choice is indicated at the time of deposit or else in any other nationalised bank to be determined by the trial court, initially for a period of 13 months to be renewed from time to time till the disposal of the appeal. (d) In the event the security is not furnished within the stipulated time above, the stay shall stand vacated without further reference to the Court. (e) The civil application is disposed of. (D.G. KARNIK, J.)