IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 109 OF 2009 IN FIRST APPEAL NO. 165 OF 2002 KONKAN TRADING CO. ... Applicant Versus SURESH G. KAMAT TARKAR AND ANR ... Respondents Mr. J. E. Coelho Perreira, Senior Advocate with Mr. Somnath Karpe,Advocate for the applicant. Mr. J. P. Mulgaonkar, Advocate for the respondents. Coram:- SMT. R. S. DALVI, J. Date:- 4th May, 2009 P.C. The decree which has been passed against the appellants is for possession, interest, injunction against interference against the plaintiff's possession as well as mense-profits. Upon the admission of the first appeal, the plaintiff applied for stay of the decree. The interim order in the first appeal is for the plaintiff to deposit the entire decreetal amount with accrued interest and all other monetary benefits. The monetary benefits include the amount of commission/ mesne-profits payable @ Rs.3597/- per quarter. Upon deposit of all the entire decreetal amount, interest and all other monetary benefits, the amount was ordered to be invested in fixed deposit of a nationalised bank. Then, interim relief granted on 25.07.2002 was confirmed. Hence, there has been a stay of the operation of the decree pending the first appeal. 2. After depositing of the monetary benefits namely the mesne-profits @ 3597/- per quarter the appellant has deposited nothing. The appellant has continued in possession. The decree is remained stayed. The appeal has not come up for hearing. The appellant, in fact, is in possession gratuitously pending the appeal. Hence, this application is taken out for vacating the interim relief. 3. Since the applicant has deposited all the amounts including all the monetary benefits payable until the date of the order granting interim relief, the stay need not be vacated. However, interest of justice demands that the appellant cannot be allowed to continue in possession pending the appeal if at least the commission at the same rate which was calculated prior to the execution of the decree is paid pending the appeal. Hence, the following order: The appellant shall continue to deposit commission/ mesne-profits @ Rs.3597/- per quarter pending the appeal. The appellant shall deposit the entire arrears of such commission/mesne-profits payable @ Rs.3597/- per quarter but not paid or deposited on or after 25.07.2002. The appellant shall deposit the entire arrears within six weeks from today. The appellant shall also deposit the commission / mesne-profit @ Rs.3597/- per quarter, each quarter commencing from 1st July 2009. If the appellant delays the payment of the aforesaid amount as directed herein above, the appellant shall also pay interest @ Rs.20 % p.a. for the period of default/ delay. If the entire arrears of the commission/ mesne-profits is not deposited as directed above, the stay granted on 25.07.2002 shall stand vacated. The respondent shall be at liberty to take out any other application if the amount is not deposited as directed. So soon as the arrears is deposited, the amount shall be invested in any nationalised bank as has been done with regard to the decreetal amount. 4. Since it is seen that the appeal has been pending since 2002 and the respondent has yet not received arrears of the commission, on the request of the appellant's Advocate the appeal is expedited. The application is disposed of accordingly. SMT. R. S. DALVI, J. SMA