1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1686 OF 2008 IN SECOND APPEAL NO. 851 OF 2003 Popat Ramchandra Gajare ........Applicant versus Jalindar Bhimrao Pawar & ors........ Respondents. Mr. S.N. Deshpande adv. for the Applicant Mr. M.A. Utagikar adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 25th FEBRUARY, 2009. P.C.: 1. The present applicant is the respondent in the second appeal in whose favour suit for possession has been decreed. The suit property is 22 acres of agricultural land. The execution of the decree has been statyed by this court by an order dated 10-12-2004. However, the present applicant was granted liberty to move this court after the mesne profits are determined by the trial court in the proceedings in that regard. It is not in dispute that the trial court has adjudicated the mesne profits and the same is in the sum of Rs.one lac per year. According to the imugned judgment and deree the mesne profits have been made payable from the date of filing of the suit i.e. from the year 1991- 92 till recovery of possession. Thus as of now the amount of 2 mesne profits would be Rs. 18 lacs. In view of the fact that the appellant is enjoying the possession of the agricultural lands pursuant to the stay granted by this court, it is necessary to impose conditions with a view to secure the amount of mesne profits for the present applicant/respondent in the appeal. In the result, in modification of the order dated 10-12-2004 I direct that the stay of possession granted to the respondent/appellant would be subject to the condition that the respondent/appellant shall deposit a sum of Rs.18 lacs in two instalments. The first one being in the sum of Rs. nine lacs to be deposited within a period of three months from today and next instalment again of Rs.nine lacs to be deposited within a period of six months from today. It is made clear that in the event if the amount as directed, is not deposited the stay granted in favour of the respondent/appellant shall stands vacated. (A. P. DESHPANDE, J.)