2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2596 OF 2009 IN SECOND APPEAL NO. 148 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Adv. Shri Girish Rane for the applicant and Adv. Shri S.S. Deshmukh for the respondent No.3. Both Courts have held that the respondent is entitled to get possession and this application by the applicant seeks stay to delivery of possession. According to the respondent, the property was allotted to the share of the respondent in partition; whereas the appellant comes with a case that there was no partition. It is also brought to my notice by Adv. Shri S.S. Deshmukh for respondent that possession warrant was issued in this matter and when it was being executed, the appellant gave in writing that since there were standing 2 crops he would not deliver possession unless standing crops are harvested. 2. Considering the circumstances, the ad-interim stay is made absolute on condition that the applicant shall deposit an amount of Rs.5000/- as mesne profit for last year and shall hereafter deposit Rs.5000/- per year before 31st December of each year, pending this appeal. The amount shall be deposited in the Trial Court. In- case amount is not deposited in time, the stay shall stand vacated without back reference to the Court. 3. Both parties have requested that the matter may be expedited. The prayer would be considered on merit independently. 4. The Civil Application stands disposed of. Date : 09.07.2009 [P.R. BORKAR,J.] snk/2009/JUL09/ca2596.09