1 33 caf.2409.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2409 OF 2011 IN FIRST APPEAL NO. 1338 OF 2011 Prakash B. Mehta. ... Applicant Versus Vishnu M. Kadam. ... Respondent ----- Mr. Anil Singh h/b Mr. D.R.Shah for the Applicant. Mr. Jitendra G. Damani for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 13 th September, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The decree for possession has been passed against the Applicant. The trial Court has held that the Applicant has no right in respect of the suit property. Though stay deserves to be granted, the Applicant will have to deposit a reasonable compensation as a condition for grant of stay. The reasonable compensation is quantified at Rs.1,500/- per month, which will have to be deposited from the date 2 33 caf.2409.11 of passing of the decree. 3 Hence, I pass the following order: i. There will be interim relief in terms of prayer clause (a) subject to condition that the Applicant shall not create any third party rights and shall not part with possession of the suit property and subject to further condition that the Applicant shall deposit with the trial Court the compensation at the rate of Rs.1,500/- per month from the date of the decree till the disposal of the appeal; ii. The compensation payable from the date of the decree till 30 th September, 2011 shall be deposited on or before 31 st December, 2011. If the amount is not deposited with the trial Court within the stipulated time, the stay will stand vacated without further reference to the Court ; iii. The amount payable from October 2011 onwards shall be regularly deposited by the Applicant with the trial Court on or before 15 th 3 33 caf.2409.11 day of every calender month. In case of default, it will be open for the Respondent to apply for vacating the interim relief ; iv. It will be open for the Respondent to withdraw the amount deposited by the Applicant on furnishing adequate security for the said amount; v. There will be no order as to costs ; vi. Civil application is disposed of on above terms;and vii. The prayer of the Respondent for fixing early date of hearing of the appeal is rejected. [ A.S.OKA, J ]