-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.205 of 2008 1. M/s Commercial Chicken Supply and others ..Petitioners vs. 1. Kunveri Premji and ors. ..Respondents Smt.Manorama Mohan with Smt.Gayatri Sharma and Shri S.R.Shaikh i/b M/s S.K.Srivatsva and Co. for petitioners. Shri Pratik Mujumdar for respondent nos.1 to 25. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 14th January, 2008 14th January, 2008 14th January, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel. 2. The petitioners are the original obstructionists and their appeal is pending before the Appellate Court. Their application for Interim stay of execution has been granted subject to payment of Rs.13,875/- The premises are 925 sq.ft. at Mazgaon, Mumbai. The petitioners cannot expect continuing possession after the obstructionists proceedings are concluded against them and by paying Rs.27/- p.m. In the peculiar facts of this case, the lower Appellate Court was right in fixing the quantum at higher figure. However, after the -2- matter was heard for some time and totality of facts are considered, interest of justice would be subserved if the amount as directed by the lower Appellate Court is reduced to Rs.10,000/- p.m. If the amount of Rs.10,000/- per month from the date stipulated by the lower Appellate Court is paid, then the execution shall remain stayed during the pendency of Appeal. In default, the appeal to stand dismissed. At the request of the petitioner/original appellants, Four weeks time is granted to pay the arrears. Needless to further state that the petitioners must go on paying/depositing the said sum till the appeal is finally disposed of. Petition is disposed of. 9 (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)