1 CAC-301-10.sxw ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.301 OF 2010 IN CIVIL REVISION APPLICATION NO.247 OF 2008 Mrs. Fatema Anwar Jetha. ..Applicant. Vs. Mrs. Khatunnisha Nasibali since deceased through Respondent Nos. 2, 3 and 5. ..Respondents. Mr.R.M.Haridas , Advocate for the Applicant. Mr.K.P.Mali for the Resondents. ---- Coram : A.S.OKA, J. Date :13th October, 2010 PC: 1 Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents. 2 In view of the law laid down by the Apex Court in the case of Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. (2005 (1) SCC 705), the revision applicants will have to pay a reasonable amount by way of compensation. The applicant in 2 CAC-301-10.sxw this application is the respondent- original plaintiff No.2. A direction is sought against the respondents to pay all the arrears of compensation from the date of Judgment and decree dated 11th January, 2008 till the disposal of this Civil Revision Application. A reasonable compensation will have to be paid as a condition for continuing the order of stay. A reliance is placed on the valuation report. The respondents in the application have annexed the copies of the Income Tax returns disclosing their gross income as Rs. 1,12,846/-. 2 Considering the area of the suit premises, the applicants in revision application will have to pay compensation of Rs.1500/- per month from the date of the decree of the Appellate Court which is 11th January, 2008. 3 Hence, Civil Application is disposed of by passing the following order. ORDER a) The Revision Applicants shall deposit compensation at 3 CAC-301-10.sxw the rate of Rs.1500/-p. m. from 11th January, 2008 till the disposal of the Civil Revision Application. Time is granted till 31st March, 2011 to deposit the arrears payable upto 31st October, 2010. b) From November, 2010 onwards the revision applicants shall deposit a sum of Rs.1500/- per month with the Trial Court on or before 10th day of every calender month. c) If any default is committed by the revision applicants, it is open for the original plaintiff to apply for vacating the stay. d) The amount shall be deposited with the Trial Court. Amount deposited shall be permitted to withdraw subject to out come of the writ petition. e) Civil Application is disposed of in the above terms. JUDGE