1 ao1171,10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1171 OF 2010 WITH CIVIL APLICATION NO. 1449 OF 2010. Suheil Mohammed Sami Shaikh ... Appellant Vs. Noor Mohd. Shami Shaikh & others ... Respondents ...... Mr. Y. K. Naidu a/w G.T. Mehsta and S.D. Kulkarni i/by Arun Kumar Ray for Appellant. Mr. Y.C. Mooman for Respondent No.2. Smt. K.K. Soraan for Respondent No.4. Mr. S.G. Surana for Respondent No.5. ...... CORAM : J.H. BHATIA, J. DATE : 25TH OCTOBER, 2010. P. C. 1. Heard the learned Counsel at length. Both the parties have certain documents to support their claims and the matter needs to be decided after trial, by the trial Court. In what circumstances, the defendant No.4- present appellant took the possession of the suit premises being flat No. 206 in 'C' Wing, needs not be examined at this stage. The fact remains that he is in possession. In view of this, with the consent of the respective parties, their Counsel agree that the appeal and application may be disposed with the following directions. 2 ao1171,10.sxw Defendant No.4-Appellant shall be allowed to continue to be in possession of the flat No. 206 in 'C' Wing till the decision of the L.C. Suit No. 2145 of 2009, subject to the conditions that:- (i) He shall deposit compensation amount at the rate of Rs. 15,000/- per month with effect from 1st September, 2010. The arrears be also deposited on or before 15th November, 2010. Thereafter every month amount shall be deposited on or before 10th Day of the following months. (ii) On the said amount being deposited, a sum of Rs. 10,000/- per month shall be paid to the plaintiffs on their giving undertaking and also furnishing security to the satisfaction of the trial Court that in case, they do not succeed in the suit, they will bring back the money. (iii) The balance amount of Rs. 5000/- per month shall be invested in fixed deposit with Nationalized Bank and that amount shall be disbursed to the party/parties as per the final result of the suit. (iv) The defendant No.4 shall not create any third party interest in suit flat No. 206 in 'C' wing. (v) The trial Court shall expedite the hearing and dispose of the suit No. 2145 of 2009 within one year. 2. The appeal and application stand disposed of accordingly. J. H. BHATIA, J