.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3823 OF 2007 IN FIRST APPEAL NO. 341 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.V.B. Tapkir for the applicant. Mr.A.M. Joshi for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 4TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard. 2. This civil application has been taken out by the original defendant no.3 for stay of the execution of the decree. 3. Admittedly, a sale deed was executed in favour of defendants nos.1 to 3. In the suit, the sale deed has been declared to be void and defendant no.3 has been directed to hand over possession. Since the defendant no.3 is in possession of the suit property from the date of the sale deed, his possession needs to be - 2 - protected. The plaintiff can be protected by securing the mesne profits. In the circumstances, I pass the following order:- 4. Execution of the decree passed by the trial court is stayed subject to the defendant no.3 furnishing security in the sum of Rs.5,000/- per year from the date of the decree passed by the trial court till the disposal of this appeal. The defendant no.3 shall furnish the security either in cash or a bank guarantee or any other security as the trial court considers sufficient. The security for the period covering from 29th November 2007 to 31st December 2008 (total Rs.10,000) shall be furnished within 8 weeks. The security for future profits for every calendar year shall thereafter be furnished on or before 31st March of that calendar year. 5. The civil application is disposed of. (D.G. KARNIK, J.)