ash 1 caf-725.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.725 OF 2011 IN FIRST APPEAL NO.395 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Vivek Salunke i/by Shri P.B. Shah for the Applicant. Ms Uma Sharma i/by Dharam & Co for the Respondents. -- CORAM : A.S.OKA, J. DATE : 26TH JULY, 2011 P.C.: . Heard the learned counsel appearing for the Applicant and learned counsel appearing for the Respondents. The undertaking of the Applicant is taken on record and marked “X” for identification. The Appeal preferred by the Applicant challenging the decree for possession has been admitted for final hearing. Though the area of the suit premises is 24 sq. feet, the premises is situated in the heart of the city in a building behind the City Light Cinema, Matunga, Mumbai – 400 019. As a condition for grant of stay, the Applicant will ash 2 caf-725.11 have to deposit a reasonable amount by way of compensation. Learned counsel appearing for the Applicant submits that the Applicant is working as a Watchman and he is drawing a salary of Rs.2,700/- per month. Learned counsel appearing for the Respondents submitted that the Applicant has been held to be a trespasser and, therefore, he is not entitled to any interim relief. 2. The suit premises is situated in the heart of city. There is a finding recorded against the Applicant that he is a trespasser. Therefore, the Applicant will have to deposit a reasonable compensation of Rs.500/- per month from the date of the decree till disposal of the Appeal. 3. Hence, I pass the following order:- ORDER : (a) The undertaking tendered today is accepted. (b) There will be interim stay in terms of prayer clause (a) subject to condition that the Applicant will deposit with the Trial Court compensation calculated at the rate of Rs.500/- per month from 12th August, 2010 till the disposal of the Appeal. ash 3 caf-725.11 (c) The arrears payable till 31st July, 2011 shall be deposited with the Trial Court on or before the 30th November, 2011. (d) If the amount of arrears is not deposited within the stipulated time, the stay will stand vacated automatically without further reference to the Court. (e) The stay is granted subject to further condition that from August, 2011 onwards, the Applicant shall keep on depositing with the Trial Court a sum of Rs.500/- on or before the 15th day of every calender month till the disposal of the Appeal. In the event the Applicant commits default, it will be open for the Respondents to apply in this Court for vacating the interim relief. (f) As and when the amount is deposited, the Trial Court shall permit the original Plaintiff to withdraw the said amount subject to final outcome of the Appeal. (g) There will be no orders as to costs. (A.S.OKA, J)