1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4488 OF 2008 IN FIRST APPEAL NO.1036 of 2008 Muli Mava Chawda (Since deceased through her LR's) Narayan Mava Chawda & Anr. .. Appellants V/s. Kamleshsingh Harnamsingh Chouhan .. Respondent Mr.Santosh B.Narwade i/b. M/s.M.P.Vashi & Associates for the Appellants/Applicants. Ms.Ambreen Saheed i/b. M/s.Vivek Kantawala & Co. for the Respondent. CORAM : R.M.SAVANT, J. DATED : 5TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicants who are the original Appellants seek variation/modification of the order dated 2nd June, 2008 passed by this Court in Civil Application 2 No.2806 of 2008 to the effect that instead of paying the Respondents the Ad-hoc compensation @ Rs.1000/- per month, the Appellants should be permitted to deposit the said amount in this Court pending the hearing and final disposal of the above First Appeal. 2. The order of when variation/modification is sough has been passed after hearing the counsel for the Appellants/Applicants and the stay was on the conditions that the Applicants deposit with the Respondents the ad-hoc compensation @ Rs.1000/- per month. It is sought to be contended on behalf of the Applicants that there is a dispute in respect of the ownership of the Respondents as regards the premises in question and therefore, the Applicants should be permitted to deposit the said amount in this Court. On the other hand, it is contended by the learned counsel appearing for the Respondents that the dispute, if any, as regards the ownership 3 of the suit premises in question does not concern the Appellants and in any event the said dispute is pending in the concerned Court since number of years. 3. In my view, considering the fact that the Applicants were heard prior to the passing of the said order dated 2nd June, 2008 and also considering the fact that there is no change in the factual position as was prevailing on 2nd June, 2008, no reliefs can be granted to the Appellants in the above Civil Application. 4. The Civil Application is, accordingly, rejected. [R.M.SAVANT, J.] 4