: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3511 OF 2009 IN FIRST APPEAL NO.1255 OF 2009 Hiro Parasram Jaisinghani .. Applicant V/s. Naina Parasram Jainsinghani .. Respondent ....... Mr. A.S. Rao for the appellant Mr. J.S. Chandanani for respondent no.1 ....... CORAM : D. B. BHOSALE & R.Y.GANOO, JJ. FEBRUARY, 17th 2010. P.C. : 1. Heard learned Counsel for the parties. By this civil application the applicant has prayed for stay of execution and operation of the judgment impugned in the appeal. By this judgment, the suit instituted by the respondent has been decreed and she has been declared exclusive owner of the suit properties consisting of two shops and one flat at Ulhasnagar. The respondent is 70 years old mother of the applicant. While disposing of the suit, the appellant has also been directed to pay monthly maintenance to the respondent­mother at the rate of Rs.1,500/­ per month from the date of the suit i.e. 28.01.2000, and in addition, Rs.40,500/­ towards past maintenance to the respondent. Despite these directions, the : 2 : appellant was in arrears. In view thereof, this Court vide order dated 09.12.2009 recorded an undertaking of the appellant that he would pay the arrears of maintenance to the respondent­ mother in installments as provided for in the said order. We are informed that even today, the appellant is in arrears. Keeping this in view and considering the impugned judgment, by which the suit has been decreed in favour of the respondent­ mother, when we asked the learned Counsel for the appellant whether he is ready to surrender one shop in favour of the respondent­mother, on instructions from his client, he replied in negative. It appears that the appellant runs business of mattress in these shops. In view thereof and having regard to the submissions of learned Counsel for the parties and considering over all facts and circumstances of the case, we are satisfied that the following interim order shall meet the ends of justice. The appellant shall pay Rs.11,000/­ per month to the respondent­ mother from this month i.e. February, 2010, pending the hearing and final disposal of the appeal. He shall deposit the said amount in the trial Court on or before 10th of every month. Insofar as the amount of this month is concerned, he is allowed to deposit the same along with the amount for the month of March, 2010. If the appellant commits any three defaults in depositing the amount, as aforementioned, the respondent­mother will : 3 : have a liberty to execute the impugned judgment. The respondent­mother will also have liberty to withdraw the amount deposited by the appellant in pursuance of this order, unconditionally. Subject to these directions, there shall be interim relief in terms of prayer clause (b), insofar as a decree in respect of the shops is concerned. Mr. Rao, learned Counsel for the appellant on instructions submit that he has no objection for execution of the judgment and decree in respect of the flat i.e. Flat no.603, Vinod Apartment, Nehru Chowk, Ulhasnagar. In view of the concession given by the learned Counsel for the appellant, it is open to the respondent­mother to initiate execution proceedings and to take possession of the flat in pursuance of the decree. The appellant shall not create any third party interest in the shops or part with the possession thereof till disposal of the appeal. Insofar as the arrears of maintenance are concerned, the appellant shall pay the said amount to the respondent mother within the stipulated time. [R.Y.GANOO, J.] [D.B. BHOSALE, J.]