:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.3374 OF 2008 CIVIL APPLICATION NO.3374 OF 2008 CIVIL APPLICATION NO.3374 OF 2008 IN IN IN FIRST APPEAL NO.1134 OF 2008 FIRST APPEAL NO.1134 OF 2008 FIRST APPEAL NO.1134 OF 2008 Hoshang Rusi Nallaseth ...Applicant. v. Minoo Pestonji Palson & Ors. ...Respondents. Mr.Ram V. Singh with N.P.Pandit , advs. for the Applicant. Mr.J.V.Parmar , adv. for the Respondent No.6. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 25th August, 2008. DATE: 25th August, 2008. DATE: 25th August, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. The appeal is admitted. The appellant, who is the original defendant no.1 was held to be the trespasser by the trial Court and according to him, he is a tenant. Dispute can be sorted out at the time of final hearing of the appeal. The applicant seeks stay to the execution of the decree for possession of the property of about 350 sq.ft. consisting of two rooms situated at Parsi Colony, Dadar. After some discussion at the bar, the learned counsel for the parties, after obtaining instructions from their clients, agree that the execution of the decree in respect of possession may be stayed pending the appeal subject to the appellant depositing Rs.6,000/- per month towards the compensation :2: before this Court from April, 2008 onwards. Therefore, the execution of the decree shall stand stayed pending the appeal, subject to condition that the monthly compensation shall be deposited by the defendant/appellant on or before 10th day of the succeeding month. Compensation for the month of August, shall be paid on or before 10th day of September, 2008. However, the arrears for the months of April to July, 2008 shall be paid within two months from this day. In case of failure to deposit the said arrears within stipulated period and in case of failure to deposit compensation for any two months, stay to the execution shall stand vacated. The amount, which may be so deposited by the appellant shall be invested in fixed deposit with some nationalised bank and it shall be subject to the result of the appeal. 3. Civil Application stands disposed off. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)