1 wp10009.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 10009 of 2010 Parvesh Swaraj Mitra Sagar ...Petitioner v/s. Vinod Kumar Swaraj Mitra Sagar ..Respondents Mr. R.U. Singh for the petitioner. Mr. D.C. Sabnis for the respondents. CORAM:- B.R. GAVAI, J DATED :- FEBRUARY 25, 2011. P.C. The petition challenges the order dated 28th October, 2010 vide which the stay application filed by the present petitioner is allowed subject to condition that he shall deposit monthly compensation of Rs. 5000/- in the Court from the date of judgment and decree of the trial court till decision of the appeal. 2. The respondent-plaintiff has filed a suit for eviction. The same is 2 wp10009.10.sxw decreed vide Judgment and order dated 31st August, 2010. Being aggrieved thereby the petitioner has preferred an appeal alongwith an application for stay to the effect and operation of the decree passed by the learned trial Court. The same is allowed subject to the condition aforesaid. Hence, the present petition. 3. The learned counsel for the petitioner submits that the learned Appellate Court has grossly erred in determining the compensation at Rs. 5000/- per month. He submits that learned trial Court had determined the said compensation on the basis that Rs. 5000/- is the maintenance of the society whereas as a matter of fact it is only Rs. 500/- per month. 4. Learned Appellate Court while granting stay to the effect and operation of the decree is always entitled to impose such conditions as deem reasonable and fit. It can be seen that the learned Appellate Court has found that the respondent has claimed the compensation at Rs. 15,000/- per month. Taking into consideration the fact that parties are brothers of each other, Court has directed payment of Rs. 5000/- during the pendency of the appeal. 3 wp10009.10.sxw 5. In that view of the matter, no case is made out for interference. Rejected. In the facts and circumstances, hearing of the appeal is expedited and learned Appellate Court is directed to dispose of the appeal as expeditiously as possible and preferably within a period of three months from today. (B.R. GAVAI, J)