1 37 caf.537.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 537 OF 2011 IN FIRST APPEAL NO. 314 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.D.Suryawanshi for the Applicants. Mr. Sandesh Patil for the Respondent. CORAM : A.S.OKA, J. DATE : 22 nd June, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 Appeal has been admitted for final hearing. Hence, ad-interim relief granted earlier deserves to be continued. In addition to the conditions imposed while granting ad- interim relief, the Applicants will have to keep on paying Municipal taxes in respect of the suit premises. 3 The learned counsel appearing for the Applicants on instructions states that the Applicants have complied with clause (3) of the impugned judgment and decree. The statement is accepted. 4 Hence, the application is disposed of by passing the following order: 2 37 caf.537.11 I. The execution and operation of the decree for possession will remain stayed till the final disposal of the appeal subject to following conditions: a) The Applicants shall keep on depositing a sum of Rs.1,000/- per month with the trial Court till the disposal of the appeal. It will be open for the Applicants to deposit the amount in advance ; b) In addition to the said amount, the Applicants shall regularly pay Municipal taxes in respect of the suit premises to the concerned authorities till the disposal of the appeal ; and c) The Applicants will not create any third party rights and will not part with possession of the suit premises. II. It will be open for the Respondent to withdraw the amounts deposited by the Applicants at the rate of Rs.1,000/- per month subject to giving an undertaking to the trial Court to redeposit the said amount with appropriate rate of interest in the event the Applicants succeed in the appeal. [ A.S.OKA, J ]