1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4257 OF 2009 IN FIRST APPEAL NO. 1647 OF 2009 Deepak Yeshwant Bhosale and ors. ..Applicants. Vs. Kavita Dilip Bhosale. ..Respondent. Mr.S.S.Kanetkar for the Applicants. Mr.V.G.Peshave for the Respondent. CORAM : R.S. MOHITE, J. DATE : 4TH JANUARY, 2010 PC : 1 Heard both sides. 2 There is a decree of possession in favour of the present applicants. In the circumstances, grant of stay will be subject to condition of payment of compensation. In the reply filed by the respondent, she claimed compensation at the rate of Rs.15,000/- per month but no reasons are given 2 as to why the compensation should be given at this rate. It is seen that, the premises in question is a flat adm. 600sq.ft. situated in Sadashiv peth which is a prime locality on Tilak road. It is also noticed that the present respondent is herself occupying the premises along with four applicants. Taking into consideration the aforesaid facts, in my view, ad interim relief is required to be confirmed subject to payment of compensation at the rate of Rs.5000/- per month by the applicants to the respondent from the date of the decree. Arrears till today will be payable within a period of eight weeks from today and further monthly compensation will be payable on or before 10th day of each month on which day it falls due. If there are two consequitive defaults in making of the payment of compensation or a default in payment of arrears as directed the stay will stand automatically vacated without any further order of this court and the plaintiff will be entitled to execute the decree. It is also made clear that 3 payment will be without prejudice to the rights and contentions of the parties. Civil application stands disposed off. 3 The learned counsel for the respondent states that as the dispute is between the family members, the hearing of the appeal may be expedited. Liberty to file private paper book and liberty to apply after paper book is filed. ( R.S. MOHITE, J.)