1 14 caf.3258.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3258 OF 2010 IN FIRST APPEAL NO. 1962 OF 2010 Shaikh Kasam Rehman and anr. ... Applicants Versus Shaikh Sarfaraz Iqbal and anr. ... Respondents ----- Mr. B.P.Shukla for the Applicants. Mr. Mahesh Rawool i/b Mr. P.B.Shah for the Respondents. ----- CORAM : A.S.OKA, J. DATE : 08 th April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 As a condition for grant of stay, the Applicants will have to deposit a reasonable amount by way of compensation from the date of the decree. 3 The learned counsel appearing for the Respondents pointed out that in the cross-examination of the Applicants recorded on 4 th March, 2 14 caf.3258.10 2010, he has admitted that the turnover of his business of selling plastic articles per day is to the tune of Rs.1,000/-. Even if margin of profit is taken as 20%, the income of the Applicants from the business may not be more than Rs.6,000/- to Rs.7,000/- per month. Considering these aspects, a reasonable compensation of Rs.2,000/- will have to be fixed. 4 Hence, I pass the following order: I. Till the disposal of the appeal, the execution and operation of the decree for possession will remain stayed subject to following conditions; i) The Applicants shall not create any third party rights and shall not part with possession of the suit premises ; ii) The Applicants shall deposit with the trial Court compensation calculated at the rate of Rs. 2,000/- per month from June 2010 till final disposal of the appeal ; iii) The arrears of compensation payable upto 30 th April, 2011 shall be deposited by the Applicants with the trial Court on or before 31 st July, 2011 ; 3 14 caf.3258.10 iv) The compensation payable from the month of May 2011, shall be deposited by the Applicants with the trial Court on or before 15 th day of every calender month ; v) The trial Court shall act upon the authenticated copy of this order and shall accept the amount ; vi) As and when the amounts are deposited, it will be open for the original plaintiffs to withdraw the same subject to filing undertaking to the trial Court to restitute the said amount with appropriate rate of interest in the event, the Applicants succeed in the appeal; II. In the event, the Appellants commit default, it will be open for the Respondents to apply for vacating interim relief ; III. Application is disposed of on above terms. [ A.S.OKA, J ]