SSK/931 1 caf 2103.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLIATION NO. 2103 OF 2011 FIRST APPEAL NO. 1127 of 2011 Smt. Vimal Dattatraya Patil & Ors. ....Applicants. Versus Shri Vinaykumar Madhavrao Patil ...Respondent Mr.M. J. Bhatt, Advocate for the applicants. Mr. Rajesh S. Datar, Advocate for respondent no.1. CORAM : RANJIT MORE, J. DATED : 17th OCTOBER, 2011. P.C.: Heard learned counsel for the respective parties. 2. The respondent no.1 claims title in the suit flat and this claim is accepted by the Trial Court and decree of possession is passed against the applicants who are admittedly in possession of the said flat. In the above circumstances, the applicants’ possession deserves to be protected pending the hearing and final disposal of the first appeal. Interest of respondent no.1 also deserves to be protected. The civil application is, therefore, disposed of by passing the following order: 1. The operation, implementation and execution of the impugned Judgment and Decree dated 29th November, 2010 SSK/931 2 caf 2103.11 passed by the learned Civil Judge Senior Division, Kalyan in Special Civil Suit No.40 of 2006 is stayed pending the hearing and final disposal of the above first appeal. 2. The applicants shall deposit an amount of Rs.1,500/- p.m. in this Court from November, 2011 on or before 10th of every month. This amount, however, shall be subject to the outcome of the first appeal. 3. In the event the applicants commit three consecutive defaults in making the payment of such an amount, the stay shall automatically stand vacated. 4. The applicants shall not create any third party interest in the suit flat or part with the possession of the same during the pendency of the first appeal. (RANJIT MORE, J.)