1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION S. NO.225/2011 IN SECOND APPEAL NO.297/2010 Mohd. Ashfaque s/o Sk. Ismail and another ...Versus... Abdul Aleem s/o Abdul Salam and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri B.N. Mohta, Adv. for respondents/applicants] CORAM : A.B. CHAUDHARI, J. DATED : 23.08.2011. Heard learned Counsel for the respondents/applicants. Learned Counsel for the appellants is absent repeatedly. This is an application for direction filed by the respondents. There is claim made by the respondents in their application claiming occupation charges @ Rs.100/- per day in respect of the suit property occupied by the appellants and that claim is based on 'Apsi Samzota' i.e. compromise arrived at between the parties, which was proved at Exh.35 in the trial Court. Now since the appeal has been admitted, the respondents are claiming the said amount of damages in terms of the said agreement. 2 Reply has been filed by the appellant to this application. But perusal of the reply does not show any specific denial to any averments including the agreement (Exh.35). That being so, I am inclined to allow this application and the appellants shall pay a sum of Rs.100/- (Rupees One Hundred Only) per day as occupation charges on monthly basis from the date of this application i.e. 04.01.2011. It is made clear that the amount shall be paid to the respondents by 10th of every month. In case of continuous default for two months in making the said payment, interim order made by this Court on 30.06.2010 shall automatically come to an end without further reference to this Court. Arrears arising due to passing of this order be paid within a period of two months from today. Civil Application stands disposed of. JUDGE ssw