1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4727/2010. Navanath Kisanji Gajbhiye -: VERSUS :- Gangadhar B. Gedam and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 14, 2010. Heard Shri S.M. Ghodeswar, learned Counsel for petitioner, Shri K.B. Ambilwade, learned Counsel for respondent no.1. Shri C.S. Lahabar, learned Counsel for respondent nos. 2 to 5 is not present. The order granting stay during the pendency of Regular Civil Appeal passed by the District Judge-5, Nagpur on 15.07.2010 is questioned by the petitioner. Contention is, the order is putting very heavy burden upon the petitioner, who himself is landlord. Shri Ambilwade, learned Counsel alleges that petitioner is an encroacher and he has inducted respondent nos.2 to 5 as tenants therein and is earning heavy profit. 2 He further points out that this Court on 27.09.2010 directed petitioner to furnish a security for amount of Rs. 1 lakh by 20.10.2010, but that security has been furnished later on and no extension of time was obtained from this Court. In this situation, interest of justice can be met by directing respondent nos. 2 to 5 to deposit amount of monthly rent with the Appellate Court during the pendency of the Regular Civil Appeal No. 169/2010. The arrears for the period from 01.02.2010 till 31.12.2010 shall be deposited by them with the Appellate Court by 28.02.2011. The regular amount on account of the said rent payable from 01.01.2011 onwards shall be deposited by them in advance by 10th of each month, similarly before the Appellate Court. The amount for period from 01.01.2011 to 31.01.2011 will be deposited by 10.01.2011. The amount so deposited shall not be allowed to be withdrawn by the respondent no.1 who is original plaintiff. In case of any default in payment of said amount by any of the respondents, the stay to the decree in so far as his occupation is concerned, shall stand vacated and respondent / plaintiff will be entitled to recover the 3 possession of said premises in accordance with the law. The liability to pay the mense profit, if any to the plaintiff shall be discharged jointly and severally by the petitioners and respondent nos. 2 to 5. Proceedings in Regular Civil Appeal No.169/2010 are expedited. Petitioner shall file private paper book by 28.02.2011. The Appellate Court shall thereafter attempt to decide the appeal as early as possible and in any case by 30.09.2011. With these directions, Writ Petition is disposed of. No costs. JUDGE Rgd.