1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 440 OF 2007 IN SECOND APPEAL NO. 240 OF 2008 Shri DajiramGovind Sorate Since deceased through legal heirs: 1. Bhimrao Dajiram Sorate & Ors. .. Appellants Vs. Shri Ramchandra Govind Sorate .. Respondent Mr.Amit Borkar, Advocate,for the appellants. Mr. Kirit J. Hakani,Advocate, for the respondent. CORAM: J.H.BHATIA,J. DATE : 10th September, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. The appellant is in possession of the suit land admeasuring 6 Hectares 31 Ares. The appellant claims to be a tenant, while the respondent is the owner of the land. The Tenancy Court appears to have passed an order holding the appellant to be tenant. However, that order has been stayed by M.R.T. in the appeal filed by the respondent. The lower Court has passed a decree for 2 possession in favour of the respondent. In view of the tenancy proceedings, it is not desirable to proceed with the appeal pending before the M.R.T. Taking into consideration the area of the land, the nature of crops being taken as well as the number of fruit trees situated in the field. Following order will meet the ends of justice : 3. The Application is allowed in terms of prayer clause (b) subject to the appellants depositing Rs.20,0000/- per annum with the trial Court beginning with the year 2009-10. As according to the appellants only Kharif crop is being taken,the amount shall be deposited with the trial Court by the end of November, 2009. The amount shall be invested in fixed deposit with some Nationalized Bank pending the proceedings before the M.R.T. and further orders of this Court. Application stands disposed of. (J.H.BHATIA,J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 240 OF 2008 Shri DajiramGovind Sorate Since deceased through legal heirs: 1. Bhimrao Dajiram Sorate & Ors. .. Appellants Vs. Shri Ramchandra Govind Sorate .. Respondent Mr.Amit Borkar, Advocate,for the appellants. Mr. Kirit J. Hakani,Advocate, for the respondent. CORAM: J.H.BHATIA,J. DATE : 10th September, 2009. P.C. This Appeal shall remain in sine die pending the decision of the M.R.T. in the proceeding No. MRT-KP-SS-104-B-2001 Sangli. The President, M.R.T. is requested to see that the said proceeding is disposed of as early as possible. (J.H.BHATIA,J.)