: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1187 OF 2009 IN SECOND APPEAL NO.542 OF 2003 Bharat Jaygovind Yadav .. Applicant V/s. Shyam Bihari Shukla .. Respondent Mr. Ajay Ravi i/b. Mr. S.H. Joshi for the Applicant. Mr. V.N. Tayade for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 18 TH SEPTEMBER, 2009. P.C.: 1. The Civil Application has been filed for vacating the interim order granted by this court while admitting the Second Appeal. According to the applicant, there is a breach of condition No.(ii) of the order dated 5th July, 2004. By this order, the respondent in this Civil Application was directed to deposit a sum of Rs.50/- per month in the trial court on or before 10th of every calendar month from 1st August, 2004. It appears that the respondent, i.e. the appellant in the Second : 2 : Appeal, has defaulted in depositing the amount as directed and, therefore, the present Civil Application. 2. Considering the fact that the appellant has deposited the amount which fell in arrears on 25th August, 2009, the stay granted earlier has not been vacated. However, it is made clear that in future if there are any two consecutive defaults in depositing the amount, the stay granted earlier will automatically get vacated. 3. The Civil Application is disposed of. .......