1 31 caf.4436.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4436 OF 2010 IN FIRST APPEAL NO. 1757 OF 2010 Satnamsingh Harisingh Tiwana. ... Applicant Vs. Harisingh Bawasingh and others. ... Respondents ----- Mr. K.K.Jadhav for the Applicant. Mr. R.C.Kaushik i/b M/s. Kaushik and Company for Respondent Nos.1 and 2. ----- CORAM : A.S.OKA, J. DATE : 01 st April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 There is a decree for possession passed in favour of Respondent Nos.1 and 2, which is under challenge in the appeal. Area of the suit premises is 100 square feet where the present Applicant is running a restaurant. The Respondent No.1 (1 st plaintiff) is the father of the Applicant. In the cross-examination of the Applicant, he has admitted 2 31 caf.4436.10 that earlier he was paying a sum of Rs.2,500/- per month to Respondent No.1. Now there is impugned decree for possession passed against the Applicant on 11 th October, 2010. The Applicant is running a restaurant and the Respondent No.1 is his father. The Applicant will have to pay a reasonable amount by way of compensation as a condition for grant of stay. Considering the aforesaid factual position, the Applicant will have to pay compensation at the rate of Rs.3,500/- per month to Respondent Nos.1 and 2 from 1 st November, 2010 till the disposal of the appeal. 3 Hence, the civil application is disposed of by passing the following order: i. There will be interim relief in terms of prayer clause (a) subject to condition of the Applicant depositing with the trial Court compensation at the rate of Rs. 3,500/- per month from 1 st November, 2010 till the final disposal of the appeal ; ii. The arrears payable upto 31 st March, 2011 shall be deposited with the trial Court on or before 10 th June, 2011. The amount payable from April 2011 onwards shall be deposited with the trial Court on 3 31 caf.4436.10 or before 15 th April, 2011 ; iii. The trial Court to act upon the authenticated copy of this order ; iv. It will be open for Respondent Nos.1 and 2 to withdraw the amounts deposited by the Applicant subject to giving undertaking to restitute the amounts with appropriate rate of interest in the event the Applicant succeeds in the appeal ; v. Stay is granted subject to further condition that the Applicant will not create any third party rights and will not part with possession thereof till the disposal of the appeal ; vi. In the event any breach is committed by the Applicant, it will be open for Respondent Nos.1 and 2 to apply to this Court for vacating the interim relief ; vii. Hearing of the appeal is expedited. [ A.S.OKA, J ]