: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.4053 OF 200 CIVIL APPLICATION NO.4053 OF 200 CIVIL APPLICATION NO.4053 OF 2008 IN FIRST APPEAL (ST) NO.17437 OF 2008 FIRST APPEAL (ST) NO.17437 OF 2008 FIRST APPEAL (ST) NO.17437 OF 2008 Omprakash Loujori Yadav ...Applicant. v. B.M.C. & Anr. ...Respondents. Mr.V.V.Thorat , adv. for the Applicant. Mr.J.J.Xavier , adv. for the BMC. Mr.S.S.Jagtap, adv. for the Respondent No.2. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 6th August, 2008. DATE: 6th August, 2008. DATE: 6th August, 2008. P.C. P.C. P.C. 1. Heard the leaned counsel for the Parties. 2. The dispute is about running of sugar-cane juice stall opposite the building no.32, Adarsh Nagar, Prabhadevi, Mumbai. Previously, the licence of the stall was issued in the name of Kanhayalal Yadav, who was husband of the respondent no.2 and the uncle of the present appellant. According to the appellant, said Kanhayalal Yadav had made a will bequeathing his property and according to him, as per the said will, licence to run the juice stall has been bequeathed to him. He has already filed proceeding for obtaining probate of that will in the year 2001 but that proceeding is still pending. Admittedly, the present appellant is actually running the business of juice stall under an arrangement made by the trial Court. The :2: learned counsel for the respondent no.2 contends that if the juice stall is given on hire, it may fetch a rent, which would be not less than Rs.5,000/- per month. On the other hand, the learned counsel for the appellant contends that the appellant is a poor person and has to maintain his family consisting of wife, four children and the mother. The appellant is willing to deposit Rs.3,000/- per month for being paid to the respondent no.2 pending the decision of the appeal or decision of his probate proceeding, whichever is earlier. 3. Taking into consideration the circumstances, subject to the appellant regularly depositing Rs.3,000/- per month with this Court for being paid to the respondent no.2, ad-interim stay in terms of prayer clause (c). The amount shall be deposited upto 10th day of every month beginning with August, 2008. This payment shall be in addition to the licence fee, which the appellant would be required to pay to the Municipal Corporation. In case of failure to deposit the amount for any two months, the respondent no.2 shall be at liberty to move this Court to vacate the order. In case, the probate proceeding is decided pending this appeal, either of the parties shall be at liberty to move this Court to modify this order. 4. Application stands disposed off. :3: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)