1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1623 OF 2009 IN WRIT PETITION NO.7657 OF 2004 Parshuram Ganpatrao Jadhav, since deceased through his LRs. Applicants versus Smt.Sushila Gajanan Suryawanshi and others Respondents T.S.Ingale for applicants. A.B.Borkar for respondents. CORAM : A.S.OKA, J. DATE : 24th July 2009 PC :- 1. Heard learned advocate for the applicants and learned advocate for the respondents. The respondents are the original tenants who have filed the writ petition for challenging the decree of eviction. The writ petition has been admitted and the decree of eviction has been stayed. 2. As a condition for grant of stay, the respondents (tenants- petitioners) will have to keep on depositing with the Trial Court the amount equivalent to monthly rent. The deposit of the amount shall be made on or before 10th day of every calender month. As and when the amount is deposited, it will be open for the applicants in this civil application (plaintiffs-landlords) to withdraw the said amount without prejudice to their rights and contentions. 3. Time of three months is granted to the respondents-tenants to 2 deposit the arrears of rent payable up to 31st July 2009. 4. The order of interim stay stands modified accordingly. If the respondents-tenants fails to comply with the order, it will be open for the applicants to apply for vacating the stay. The Civil Application is disposed of in the above terms. (A.S.OKA, J.)