Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 5431 OF 2008 IN FIRST APPEAL NO. 198 OF 2009 WITH C.A. NO. 608 OF 2009 IN F.A. NO.197/2009 WITH C.A. NO. 609/2009 IN F.A. NO. 198 OF 2009 Leelabai Shankarrao Bhapkar & ors. ...Applicants v/s. Madhavrao Maruti Bhapkar D/H. Shushila Madhav Bhapkar & ors. ...Respondents Mr. Vineet Naik, Advocate for the applicants. Mr. A.V.Anturkar i/b. Mr. S.B.Deshmukh, Advocate for respondents 1 to 9. Mr. A.D.Tajane, Advocate for the respondent no. 10. CORAM CORAM CORAM : B.H.MARLAPALLE & : B.H.MARLAPALLE & : B.H.MARLAPALLE & RAVI RAVI RAVI K.DESHPANDE, JJ. K.DESHPANDE, JJ. K.DESHPANDE, JJ. APRIL APRIL APRIL 01, 2009 01, 2009 01, 2009 P.C. . These applications have been filed by the appellants in First Appeal No. 197/2009 and First Appeal No. 198/2009 which appeals have been admitted by us on 26/02/2009. Mr. Anturkar with Mr. Deshmukh appears for respondent nos. 1 to 9 and Mr. Tajane appears for respondent no. 10. By the impugned decree in First Appeal No. 197/2009, while dismissing the applicant’s Suit (Special Civil Suit No.91/2003), the counter claim filed by the defendants has been allowed thereby directing partition of the suit property and 2 with further direction to hand over the possession of the undivided share of the suit property to defendant no.9. 2. Undoubtedly, the applicants are in possession of the entire suit property as of now. The suit property is a plot of land admeasuring about 4200 sq. feet and the building construction (residential bungalow) admeasuring about 1400 sq. feet is standing on the said plot. Defendant Nos. 1 to 9 claimed half share of the suit property. 3. Mr. Anturkar has placed before us the Valuer’s Certificate dated 03/03/2009. The suit property is located in Lane No. 2, Subhashnagar, Shukrawar Peth area and the entire property has been valued at Rs. 1 Crore by the valuer. 4. After having heard the learned counsel for the respective parties we deem it appropriate to fix the mesne profit at Rs.12,500/- per month on the half share of the suit property and to continue the possession of the applicants on the entire suit property, they are directed to pay the said amount of Rs.12,500/- by way of mesne profit. The said amount shall stand deposited with the trial Court by remittances made every quarter i.e. Rs.37,500/- w.e.f. 01/01/2009. So far as the 3 arrears towards the mesne profit from September 2007 to December 2008 are concerned, the applicant shall furnish the Bank guarantee with the trial Court and it shall be renewed from time to time during the pendency of the appeal. The amount deposited towards mesne profit w.e.f. 01/01/2009 shall be invested by the trial Court in fixed deposit with a nationalised Bank and the fixed deposit will be renewed from time to time during the pendency of the appeal. None of the parties shall take any steps for creating third party interest in any form over the suit property or part thereof during the pendency of the appeal. In addition, the decree passed in favour of the respondents-defendants 1 to 9 shall stand stayed during the pendency of the appeal. 5. All the applications are allowed in terms of above directions. 6. Should there by any default in complying with the above directions by any of the parties, liberty to the other to approach this Court for appropriate relief. (RAVI (RAVI (RAVI K.DESHPANDE, J) K.DESHPANDE, J) K.DESHPANDE, J) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)