ca9821.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9821 OF 2011 IN FIRST APPEAL NO. 635 OF 2008 Shri Dwarkadas @ Mithulal s/o Madanlal Lahoti ...Applicant Versus Ramdayal s/o Pannalal Tawani and others ...Respondents ..... Mr. J.M. Murkute, advocate for the applicant Mr. Kishor Porwal h/f Mr. V.D. Sonvane, Adv. for respondent No.1 ..... CORAM: MRS. MRIDULA BHATKAR, J. DATED: 23RD AUGUST, 2011 PER COURT:- 1 This civil application is preferred seeking stay to the possession warrant dated 13.5.2011 and the order dated 8.8.2011 issued by the learned C.J.S.D. Majalgaon, in Regular Darkhast No. 46 of 2008. 2 Learned counsel for the applicant submits that as per the judgment and order of the trial court, he has satisfied the decree by paying due amount of ` 10,000/-. He points out that while granting stay at the time of admission of the appeal, this court has passed a ca9821.11 -2- conditional order on 17.11.2008 thereby the appellant was directed to satisfy the money decree. He further submits that there is order directing the appellant to deposit amount of ` 2000/- p.m. as a tentative rent. Learned counsel further submits that the trial court has not fixed monthly rent and therefore, he has deposited ` 10,000/- towards the money decree, and therefore, the aforesaid possession warrant dated 13.5.2011 and the order 8.8.2011 be stayed. Learned counsel for the respondent No.1 filed his affidavit in reply contesting this civil application 3 Perused the order passed by this court on 17.11.2008. The order is clear. Besides due amount of ` 10,000/- the appellant who is judgment debtor is required to pay ` 2000/- which is considered as tentative rent by this Court and this tentative rent is to be paid within two weeks from every calender month. This tentative rent is not paid by the appellant till today. Hence, the appellant is directed to pay the tentative rent along with arrears. 4 The applicant shall deposit entire arrears in three equal instalments by paying the same on or before 5th of every month in coming three months i.e. the arrears are to be cleared of on or before 6th November, 2011. Besides this arrears, the appellant shall also deposit ` 2000/- per month as per the order passed by this court on ca9821.11 -3- 17.11.2008, regularly. 5 In the above circumstances, civil application is allowed in terms of prayer clause “B” and disposed of. 6 It is made clear that in the event of failure on the part of applicant/appellant to pay/deposit the amounts, as directed above, this order would be automatically stands vacated without further reference to the court. (MRS. MRIDULA BHATKAR, J.) rlj/