1 caf567-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.567 OF 2011 IN FIRST APPEAL NO.327 OF 2011 Nandini Natwarlal Patel & Ors. .. Applicants V/s. Jayashri Devi Baan & Ors. .. Respondents ..... Mr. Zubin Behram Kamdin & K. Tamboly i/b. M/s. FZB Associates for the applicants. Mrs. P. V. Nichani & Mr. Parag Shah i/b. Mahesh Shah & Co. for the respondents. ..... CORAM : A. S. OKA, J. DATE : APRIL 15, 2011. P.C.:- Heard the learned counsel appearing for the parties. The order dated 23rd February, 2011 passed by this Court reads thus : “ Heard the learned counsel appearing for the applicants and the learned counsel appearing for the first respondent. Appeal has been admitted. Though, the execution of the decree of possession will have to be stayed, as a condition for grant of stay, the applicants will have to pay reasonable compensation from the date of the decree. The reasonable compensation will have to be determined at the time of final hearing of this application. The 2 caf567-11 application shall be fixed for hearing on 31st March, 2011. In the meanwhile, it will be open for the parties to place valuation report on record alongwith affidavit. Decree for possession shall not be executed till the further orders, subject to the condition that the applicants will not create any third party rights and will not part with possession of the suit premises.” 2. The learned counsel appearing for the respondents-original plaintiffs submitted that as per the valuer's report, the compensation payable is Rs.18,76,000/- per month considering the large area of the suit premises and the fact that the suit premises is used for commercial purpose. The learned counsel appearing for the applicants-defendants on instructions states that the applicants are ready and willing to pay a sum of Rs.1,00,000/- per month as a condition of grant of stay. The learned counsel appearing for the applicants has relied upon the Income Tax Returns which are part of the record of the Civil Application. I have perused the photographs on the record of the Civil Application showing the condition of the building in which the suit premises are situated. 3. Considering the facts and circumstances of the case, Civil Application is disposed of by passing following order : 3 caf567-11 :: O R D E R :: i. The execution of the decree for possession will remain stayed till the final disposal of the Appeal subject to condition of the applicants depositing a sum of Rs. 1,25,000/- per month by way of compensation with the trial Court with effect from 1st January, 2011 till the disposal of the Appeal. Arrears payable till 30th April, 2011, shall be deposited with the trial Court on or before 31st August, 2011. From May 2011 onwards, the applicants shall keep on depositing the sum of Rs.1,25,000/- with the trial Court on on or before 15th day of every calender month. ii. Stay is granted subject to further condition that the applicants will not create any third party rights and will not part with possession of the suit premises. iii. In the event, the applicants commit any default, it 4 caf567-11 will be open for the respondents to apply for vacating the interim stay. iv. As and when the amount is deposited with the trial Court, it will be open for the original plaintiffs to apply to this Court for grant of permission for withdrawal of the amount. JUDGE