1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1161 of 2008 IN FIRST APPEAL NO. 450 of 2008 Mr.Kiran Karkhanis .. Applicant versus R.P. Bansal & Anr. .. Respondents ... Mr.R.R. Salvi i/b Ms.Suvarna Telgote for the applicant. Mr.R.A. Thorat with Mr.J.M.Puranik for the respondents. CORAM : D.G. KARNIK, J DATED : 21st November 2008 P.C.: 1. Heard. 2. By this application, the applicant prays for stay of execution of the decree passed by the trial 2 court. First Appeal has been admitted. The suit premises are in possession of the appellant. Appellant was inducted by the respondent but his lease was terminated and the decree for possession and mesne profits has been passed by the trial court. 3. In view of the fact that the appellant is in possession and the origin of possession is lawful in my view, possession of the applicant needs to be protected till the disposal of the appeal. Interest of respondent is safeguarded by an order for payment of damages/mesne profits vide paragraph no.3 of the impugned order. Hence, I pass the following order:- 4. Execution of a decree passed by the trial court is stayed so far as it relates to delivery of possession subject to the condition that applicant deposits in the trial court the amount of compensation as ordered by the trial court within eight weeks. On such deposit, the respondent would be entitled to withdraw the amount of compensation so deposited by furnishing a personal undertaking to repay the money in the event so ordered by the court. The applicant shall also continue to deposit in the trial court compensation at the rate of Rs.2,500/- per month till the final disposal of the First Appeal or till the determination of the mesne profits under 3 Order 20 Rule 12 of the Code of Civil Procedure. 5. Respondent shall have a liberty to apply for modification of the order after the mesne profits are finally determined under Order 20 Rule 12 of the Code of Civil Procedure. 6. Civil Application is disposed of. (D.G. KARNIK, J)