1 caf1168 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1168 OF 2010 IN FIRST APPEAL NO.335 OF 2010 M.A.Lokhandwala ...Applicant vs. Ramlakhan Ramprasad Gupta & Anr ...Respondents Mr.A.J.Almeida for the applicant Mr.R.K.Yadav for the respondent no.1 Mr.Vinod Mahadik for respondent no.2 CORAM : A.S.OKA,J. DATE : JULY 19, 2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for the first respondent. Prayer in this application is for grant of stay to the execution and operation of the impugned decree. Clauses (1) and (2) of the decree read thus : (1)It is hereby directed to the defendant no.1 to provide alternative constructed accommodation admeasuring 225 sq. ft to the plaintiff within Mumbai District within the period of three months from the date of this order. (2) The claim of the plaintiff that he should get alternative accommodation at Worli itself is hereby rejected. 2 It must be noted here that in the impugned 2 caf1168 Judgment, the learned trial Judge has recorded a finding that the first respondent-plaintiff was occupying a hut which was totally illegal and unauthorised which was situated on the footpath. The Court held that only in the light of the policy of the State Government, the first respondent was entitled to alternative accommodation admeasuring 225 sq. ft. The learned Trial Judge rejected the prayer made by the first respondent that the alternative accommodation shall be only at Worli and the Court directed that the alternative accommodation shall be provided within Mumbai District. 3 As a condition for grant of stay, the claim of the first respondent will have to be secured. The first respondent has filed an affidavit stating that the cost of the alternative accommodation will be more than Rs.50,00,000/-, if the same is provided at Mahim. The applicant has filed an affidavit stating that if the accommodation is provided at Borivali, the cost will be Rs.2,48,118/-. Considering the nature of the decree and finding recorded by the Trial Court, as a condition for grant of stay, the applicant will have to either furnish bank guarantee in the sum of Rs.5,00,000/- (Rupees five lac only) or deposit in this Court a sum of Rs.5,00,000/- (Rupees five lac only). 4 Hence, I pass the following order : i) There will be interim relief in terms of prayer clause (b) subject to condition of the applicant 3 caf1168 depositing in this Court a sum of Rs.5,00,000/- or furnishing a bank guarantee in the sum of Rs.5,00,000/- of any nationalised bank within a period of six weeks from today. If compliance is not made within stipulated time, the stay will stand vacated without further reference to the Court. ii)If the applicant deposits the cash amount of sum of Rs.5,00,000/- the same shall be invested in fixed deposit till the final disposal of the Appeal. iii)The bank guarantee, if furnished, shall be subject to satisfaction of Registrar (Judicial- I) of this Court. JUDGE