2701cas26.10.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAS NO. 26/2010 IN SECOND APPEAL NO. 17 OF 2010 (Hindustan Petroleum Corpn. Ltd. Vs. Vijaykumar Ramlal Agrawal & another) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order C ORAM : F. M. REIS, J. DATED : 27th January, 2010. Heard Mr. Bhangde, learned Counsel for the applicant/appellant and Mr. N. R. Saboo, learned counsel for the non applicants/respondents. This is an application for stay of the impugned judgment and decree dated 27/11/2009, whereby the appellants were directed to hand over the possession of the suit property to the respondents. The second appeal has already been admitted. Considering the facts and circumstances of the case, I find that the impugned judgment and decree with regard to delivery of possession can be stayed subject to the appellants are put to some terms. The learned Counsel for the respondents claims that rental value of the suit property, as of today, is Rs.12,000/- per month. On the other hand, the learned 2701cas26.10.odt 2/2 Counsel for the appellant claims that such value cannot be more than Rs.5,000/- per month. However, the learned Counsel for the appellant submits that the appellant is prepared to deposit sum of Rs. 5,000/- per month. In the facts and circumstances of the case, without prejudice to the contentions and rights of the parties, the effect and operation of the impugned judgment and decree dated 28/7/2005 as well as the judgment of the appellate Court dated 27/11/2009 is stayed subject to the appellant's depositing the amount of Rs. 6,000/- (rupees six thousand only) per month in the first week of every month from January, 2010 until the disposal of this appeal. The learned Counsel for the appellant states that the appellant shall pay such amount directly to respondent No. 1 and such payment will be without prejudice to the rights and contentions of the appellant and the respondents. Such payments shall be subject to the further orders at the time of final disposal of this second appeal. The application stands disposed of accordingly. JUDGE wwl