1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.155 of 2008 IN SECOND APPEAL NO. 61 of 2008 Sanjay Hanumant Chavan .. Applicant versus Smt.Zingabai Laxman Pawar & ors. .. Respondents ... Mr.S.R. Ganbavale for the applicant. None present for the respondents. CORAM : D.G. KARNIK, J DATED : 16th December 2008 P.C.: 1. Heard advocate for the applicant. None present for the respondent. 2. This application is taken out by the applicant for stay of execution of the decree for possession passed by the lower appellate court. 2 3. Learned counsel for the applicant says that the suit land admeasures about 4 acres and is a very valuable land and sugarcane is grown in the said land and therefore if the decree for possession is executed, applicant would suffer irreparable loss. 4. Admittedly, a decree for possession has been passed. Applicant would therefore be liable to account for mesne profits. Taking into consideration the area of the land and the nature of the crops grown in the land, security of Rs.50,000/- per year for mesne profits in my view would be appropriate. The suit was filed in the year 2002. Arrears for mesne profits for 7 years till the end of the year 2008 would therefore come to Rs.3,50,000/- Taking this into consideration, I pass the following order: 5. Execution of the decree passed by the lower appellate court is stayed subject to the applicant furnishing security in the trial court in the sum of Rs.3,50,000/-. 50% of the amount of security i.e. Rs.1,75,000/- should be in the form of cash and balance 50% may be such security as is considered adequate by the trial court. This security shall be furnished within 12 weeks hereof. 3 6. In addition to the above, applicant shall furnish security in the sum of Rs.50,000/- (Rs.25,000/- in cash and Rs.25,000/- in such other form as is considered adequate by the trial court) every year, from the calendar year 2009. Security for every year shall be furnished on or before 31st day of March every year. On failure of the applicant to furnish security as above, the stay granted shall stand vacated forthwith without further reference to the court. (D.G. KARNIK, J)