IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.685 OF 2008 IN SECOND APPEAL NO.74 OF 2008 Sadashiv Pandurang Sutar ...Applicant V/s. Dattatray Bhanudas Sutar & Ors. ...Respondents Mr.Girish Paryani, Advocate, for the Applicant. CORAM : D.G. KARNIK, J DATED : 6TH OCTOBER, 2008 P.C.: 1. Heard the learned Counsel for the applicant. Counsel for the respondents is absent. Respondent Nos.2 to 4 are absent though served. The Appeal has already been admitted. In my view, the decree for possession needs to be stayed during the pendency of the Second Appeal. Hence, the Civil Application is allowed in terms of prayer clause (a) subject to the applicant furnishing security for mesne profit. 2. Accordingly, the execution of the decree for possession is stayed subject to the applicant furnishing security for the sum of Rs.25,000/- to the satisfaction of the trial court towards past mesne profit within eight weeks hereof. The applicant shall also furnish yearly security in the sum of Rs.5,000/- for mesne profit every year commencing from 1st January, 2009 on or before 31st of March every year. 3. In the event, the security is not furnished, the stay shall stand vacated automatically without further reference to the Court. 4. The Civil Application is disposed of. (D.G. KARNIK, J)