1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.4746 of 2008 In First Appeal No.1714 of 2008 Anthony Gonsalves Applicant Vs. Marie Rose Alves & anr. Respondents Mr.R.R.Sharma for applicant. Mr.D.D’mello for respondents. CORAM: D.G.KARNIK, J. October 1, 2008. P.C. . Heard the learned counsel for the parties. By this application the appellant prays for stay of execution of the decree passed by the trial Court on 27th June 2008. Though the decree is passed in the shape of a mandatory injunction, in fact it is an order for possession. The respondents have been held to be entitled to the possession of the property. In the circumstances, if the decree is to be stayed, the respondents must be protected for the past as well as future mesne profits. The respondent no.1 is present in the Court and she is a handicapped person. It may be extremely difficult for her to recover mesne profits if she is not secured. In the circumstances, I am inclined to grant conditional stay to the 2 execution of the decree. Hence I pass the following order: ORDER ORDER ORDER . Execution of the decree passed by the trial Court is stayed subject to the condition that the appellant deposits in the trial Court Rs.1,00,000/- (Rupees one lakh only) within a period four weeks towards the past mesne profits (upto 30th September 2008) and continues to deposit in the trial Court a sum of Rs.2500/- per month towards the security for the future mesne profits. Amount of future mesne profits shall be deposited in the trial Court at the rate of Rs.2500/- every month on or before 15th of each British calendar month. On such deposit, the respondents are permitted to withdraw a sum of Rs.50,000/- (Rupees fifty thousand only) by furnishing personal bond and withdraw a sum of Rs.1000/- per month by furnishing personal bond.