( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1572 OF 2008 IN FIRST APPEAL NO. 557 OF 2008 Gurdeepsing s/o. Surjeetsing Chhabda .. Applicant Versus Lakhbarsing s/o. Sardarsing Chhabda .. Respondents Shri A.P. Bhandari h/f. Shri S.V. Gangapurwala, Advocate for the applicant. Shri P.R. Patil, Advocate for the respondent. CORAM : P.R. BORKAR,J. DATED : 01.07.2009 P.C. :- 1. Heard Adv. Shri A.P. Bhandari h/f. Adv. Shri S.V. Gangapurwala for the applicant and Adv. Shri P.R. Patil for the respondent. This Court had passed order on 24.04.2008 directing the present appellant to deposit an amount of Rs.57,000/- on or before 02.06.2008 as condition for ad-interim stay. In para 2 of the order it is stated that the applicant/appellant seeks stay of ( 2 ) execution of the decree for possession in respect of premises consisting of 4 rooms, admeasuring 935 sq.ft. The Trial Court has held that it was permissive possession and the property was owned by the respondent. In the circumstances it is observed that the applicant will have to keep on depositing reasonable amount by way of compensation. The applicant showed willingness to deposit at the rate of Rs.6000/- per month, which according to him was earlier rent. Considering the facts and circumstances of the case it is observed that the same cannot be considered as reasonable amount. In para 3 of the order it is observed that the proper amount will have to be fixed by way of compensation after hearing the parties and for that purpose this application is being heard. 2. Adv. Shri P.R. Patil has pointed out two valuation reports, one by private valuer Shri Vijay Sangwikar. The report is dated 22.04.2008. The valuer stated that the year of construction of the property was 1965. He also described nature of the property and stated that the property is situated in commercial area. ( 3 ) The plot is having frontage of 80 ft towards 9 mtr road. It is 43 years old load bearing structure. The valuer has held that the approximate market rate was Rs.10/- per sq.ft. for residential premises. Along with additional affidavit-in-reply a report of Executive Engineer, P.W.D., Aurangabad, is produced. By said letter dated 23.06.2008 the Executive Engineer has fixed market rate of Rs.7821/-. He also observed that per sq.ft. Rate was Rs.8.35 ps. 3. Here I may rely on para 18 of the case in Atma Ram Properties (P.) Ltd., V/s. Federal Motors Pvt. Ltd., 2005 (3) Bom.C.R.274. After hearing both sides and considering the submissions & other report in my considered opinion the applicant shall go on depositing amount of Rs.7500/- (Rupees Seven Thousand Five Hundred Only) per month as amount of compensation with effect from 24.04.2008 onwards. Already amount of Rs.57000/- is deposited but it shall not be taken into consideration while depositing Rs.7500/- per month as per this orders. The arrears should be paid within two months from today and thereafter the amount of monthly ( 4 ) compensation is to be deposited before 10th of calender month until disposal of the first appeal. Necessary orders regarding equities shall be passed at the time of final order in the appeal. The deposits shall be made in the Trial Court and intimation thereof will be made by the applicant’s advocate to the respondent’s advocate. 4. In case of failure to deposit arrears within given time or failure to deposit the rent for two consecutive months shall have effect of vacating the stay order automatically without back reference to the Court. 5. The Civil Application is accordingly disposed of. [P.R. BORKAR,J.] snk/2009/JUL09/ca1572.08