SM 1 13.ao.869.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 869 OF 2011 WITH CIVIL APPLICATION NO. 1153 OF 2011 IN APPEAL FROM ORDER NO. 869 OF 2011 Mrs. Dariya Devi K. Hiran And another ....Appellants. Versus M/s. Trine Entertainment Ltd. ....Respondent. ____________ Mr. Yusuf Iqbal Yusuf with Bijal Gandhi with Ms Fatema Officewala i/b Yusuf & Associates for the Appellant. Mr. A. M. Sarogi for the Respondent. CORAM: R. M. BORDE, J. DATED : OCTOBER 11, 2011. P.C.: Since the challenge in this Appeal from Order is in respect of ad-interim order passed City Civil Court in draft Notice of Motion in S.C. Suit No. 1241 of 2011, the Appeal from Order can be disposed of by issuing directions to the Judge, City Civil court to decide the pending Notice of Motion expeditiously. 2. According to the appellant/original defendant, the original plaintiff is a licensee and the term of agreement stipulates payment of amount of monthly lease compensation amounting to Rs.3.50 lakhs per month. The period of lease as per the agreement came to an end by June, 2011. As the plaintiff is continuing with the possession after the expiry of the period mentioned in the agreement, he shall be put for certain terms. Without prejudice to SM 2 13.ao.869.11 the rights and contentions of the parties, the plaintiff shall deposit a monthly compensation amounting to Rs.7 lakhs per month since 1st July, 2011 upto December, 2011. The arrears of monthly compensation shall be paid at the rate of Rs.7 lakhs per month with the City Civil Court within a period of four weeks from today and the plaintiff shall continue to deposit the amount until December, 2011. The learned Judge, City Civil Court shall decide the Notice of Motion in S. C. Suit No. 1241 of 2011 as expeditiously as possible, at any rate before December, 2011. The original defendant/appellant herein shall not be permitted to withdraw the amount deposited by the plaintiff/respondent and withdrawal of amount shall be subject to final decision of the Notice of Motion. 4. Appeal from Order is disposed of. In view of disposal of the Appeal from Order, pending Civil Application does not survive and stands disposed of accordingly. (R. M. BORDE, J.)