IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 101 OF 2009 IN FIRST APPEAL NO. 180 OF 2008 SHRI. RAJAN V. KAMAT AND ANR., ... Applicants Versus SHRI. TERTULAO RENATO D'SILVA AND 2 ORS., ... Respondents Mr. P. K. Gude, Advocate for the appellants. Mr. Y. V. Nadkarni, Advocate for the respondent no.1 and 2. Mr. V. A. Lawande, Advocate for the respondent no.3. Mr. V.a. Lawande For R. 3 Coram:- U. D. SALVI, J. Date:- 3rd July, 2009 P.C. Heard. The appellants are now seeking protection from imminent dispossession of the suit premises held by him by virtue of his arrangement with the respondent no.3 who had agreed to give him two flats and two shops in lieu of the premises held by him as a mundkar of Zuari Estate, Vasco-da-Gama. The appellant further contended that the respondent no.3/defendant no.3 Developers have committed breach of agreement and had not handed over the premises as promised. It is submitted on behalf of contesting respondents that from the written statement filed by the appellants/defendant no.1 and 2 in the suit, it is very clear that there was no privity of contract between them and the appellants vis-a-vis the suit premises and as such, the appellants have no right to seek stay of the decree passed for possession of the suit premises in their favour. 2. The respondents show that the appeal has been admitted and the contentious issues between the parties are kept open for adjudication. The present concern is regarding the property in the hands of the appellants. The learned Advocate Mr. Gude for the appellants proposed to deposit all the arrears of rent/compensation due to the respondents/plaintiffs within a period of two weeks and further continue to deposit regularly the rent and compensation at the rate of Rs.2150/- per month in the Court without prejudice to their rights and contentions. Considering this statement and the admission of the appeal it would be just and necessary to stay the execution of the impugned judgment and decree. Accordingly, the execution of the impugned judgment and decree is stayed subject to the appellants depositing the arrears of rent and compensation as per the statement made by them in the Court. If the amount of rent and compensation is not deposited as stated in the Court, the stay shall stand vacated automatically. Paper book be prepared. C.A. No.101 of 2009 is disposed of. U. D. SALVI, J. lh/.