1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.1517 of 2005 In Second Appeal No. 181 of 2005 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Shri S.P. Shah, Advocate instructed by Shri V.D. Hon, Advocate for the applicant-appellant and Shri R.N.Dhorde, Advocate, instructed by Shri R.G.Deo,Advocate for Respondent. 2. This is an application for stay of the execution of decree for delivery of possession. As can be seen from substantial questions of law on which the appeal is admitted, encroachment by the defendant- appellant is proved and it is on area of 47 R. The land is irrigated. The courts have concurrently held against present applicant-appellant. So, stay 2 is granted subject to condition that the applicant shall deposit Rs. 25,000/= immediately within a period of one month from today and thereafter before 30th of June every year towards mesne profit, in the court. In case applicant fails to deposit the amount as directed, the stay to the execution of the decree shall stand automatically vacated without back reference to the court. Application stands disposed of. Date:17/07/2009 (P.R.BORKAR, J.) pnd/ca1517.05