FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.3361 OF 2006 IN FIRST APPEAL NO.1000 OF 2006. ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.J.B.Singh, for appellant/applicant. Mr.V.R.Tripathi, for respondent. CORAM: D.B.BHOSALE,J. DATED: 28.11.2006 P.C.: Heard the learned counsel for the parties. By this civil application the applicant had made the following prayer: "(a) Hon’ble Court be pleased to appoint Court Receiver, High Court, Bombay to take possession of suit shop bearing No.9, Sardar House, 75/76, Rajawadi, Ghatkopar (E), Bombay, and allow the Appellant to conduct the business for one year and thereafter to Respondent for one year on rotation basis." It appears that the suit of the applicant was dismissed and one of the grounds for dismissal of the suit was that the applicant had not claimed relief of possession and sought declaration only. keeping that in view and considering the overall facts and circumstances of the case, I am satisfied that the following order shall meet the needs of justice: The respondent shall continue to remain in possession till disposal of the appeal. He shall deposit at the rate of Rs. 1000/- per month after every six months in this court starting from June-2006. The amount of Rs.6,000/-, at the rate of Rs.1000/- per month, shall be deposited in the beginning of every six months. The first such instalment of Rs. 6,000/- be deposited within four weeks from today. The amount deposited by the respondent shall be invested in the nationalised Bank for a period of one year and the fixed deposit be kept renewing till disposal of the appeal. The civil application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)