1 CAF 713 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.713 OF 2011 IN FIRST APPEAL NO.393 OF 2011 Sudhakar Zende .. applicant. -versus Mrs. Sita Rajab Sayani .. Respondent. Mr. M. J.Jamdar, for the applicant. Mr. R.S. Apte, Senior Counsel i/b Shri D.S. Patil, for the respondent CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned Senior Counsel for the applicant and learned counsel for the respondent. 2. The impugned decree is for possession in respect of the suit flat. As a condition for grant of stay to the execution of decree for possession, the applicant will have to pay a reasonable amount by way of compensation. It is stated that the built up area of the suit flat is 540 Sq feet and is situated at Convent Street, in Cantonment area of Pune. Learned counsel appearing for the applicant submits that a reliance cannot be placed on the valuation report and agreement annexed to the reply filed by the respondent. He pointed out that the license fee reflected from the agreement annexed to the reply is not only in respect of the flat, but is in respect of 2 CAF 713 OF 2011 fixtures and furniture in the flat. Moreover, it includes maintenance charges. 3. Learned Senior Counsel for respondent submitted that the agreement annexed to reply is in relation to a flat having identical area which is similarly situated. He submitted that the compensation may be fixed at Rs.12,000/- per month. 4. I have considered the submissions. A reasonable amount of compensation will have to be paid as a condition for grant of stay. The amount of compensation cannot be unreasonable so as to virtually defeat the right of Appeal. The trial court, while passing the impugned decree has directed the applicant to pay compensation @ Rs.150/- per day from 30th August, 2007 till the date of filing suit. Hence, till the date of passing decree, the compensation will be payable at the rate of Rs.150/- per day which will be approximately Rs.4,500/- per month. The compensation payable as a condition for grant of stay from the date of decree need not necessarily be on the basis of present market value. 5. Considering the facts of the case, the compensation amount will have to be fixed at Rs.6,000/- per month from the date of decree. In addition, the applicant will have to pay all outgoings in respect of the suit flat. Taking into consideration the fact that in terms of ad interim order passed by this Court on 15th Mary, 2011, applicant has already deposited with the trial Court a sum of Rs.50,000/-, I pass the following order. 3 CAF 713 OF 2011 ORDER I) The decree for possession shall not be executed till the final disposal of the appeal subject to condition that the applicant shall deposit damages at Rs.150/- per day from 30th August, 2007 till the date of decree, within a period of three months from 15th March, 2011. The deposit shall be with the trial Court. II) The stay is granted subject to further condition that the applicant will keep on depositing with the trial Court compensation at the rate of Rs. 6,000/- per month from 1st October, 2010, till the disposal of the appeal. III) Arrears payable upto 30th April, 2011 at the rate of Rs.6,000/- per month shall be deposited on or before 31st July, 2011. From May, 2011 onwards, the applicant shall keep on depositing a sum of Rs.6,000/- on or before 15th day of every calendar month. Deposits shall be made with the trial Court. IV) In addition, the applicant will directly pay the amount of outgoings and maintenance charges in respect of the suit flat. V) As and when the amounts are deposited with the trial Court, it will be open for the respondent to withdraw the amount @ Rs.4,500/- per month subject to giving an undertaking to the trial Court that he will restitute the amount with appropriate rate of interest as and when ordered by this Court. VI) Rest of the amounts deposited by the applicants shall be invested by the trial Court in a fixed deposit with any nationalized bank and the 4 CAF 713 OF 2011 fixed deposits shall be renewed from time to time till the disposal of the appeal. VII)Hearing of the appeal is expedited. (A. S. OKA, J.)