:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.869 OF 2007 APPEAL FROM ORDER NO.869 OF 2007 APPEAL FROM ORDER NO.869 OF 2007 WITH WITH WITH CIVIL APPLICATION NO.1197 OF 2007 CIVIL APPLICATION NO.1197 OF 2007 CIVIL APPLICATION NO.1197 OF 2007 Intercon Real Estate Developers Pvt. Ltd....Appellant. v. Orion Advertisers & Ors. ...Respondents. Mr.Ravi Kadam Sr.Counsel a/w Vineet B. Naik a/w Ishwar Nankani i/by Shri Kumar Tolani, advs. for the Appellant. Mr.Navin Parekh Sr.Counsel for Ramakant yadav , advs. for the Respondent No.1. Mr.Kishor Jain, adv. for Respondent Nos.2 and 3. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 11th March, 2008. DATE: 11th March, 2008. DATE: 11th March, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. The appellant claims to have purchased 1/3rd share in the property known as Quality House through Debt Recovery Tribunal on 10-3-2004 and 1/3rd share on 10th September, 2004. According to the plaintiff, the respondent nos.2 and 3 hold 1/3rd share in the property. The learned counsel for the respondent nos.2 and 3 contends that the transfer of 2/3rd share in the property in favour of the plaintiff is in dispute and the transfer has not become final. The learned counsel for the parties admit that market rate of the disputed :2: hoarding may be around 3 to 3.5 lakhs rupees per month and an amount of Rs.40,000 to 50,000 is required to be paid towards the licence fees and taxes. In view of this plaintiff may claim about 2/3rd share in the rent. After some discussion at the bar, the learned counsel for the parties agree that the appeal may be disposed off with the following directions: i. Respondent no.1 shall deposit an amount of Rs.2 lakh per month beginning with 1st August, 2007 till disposal of the S.C. Suit No.3192 of 2007. The respondent no.1 shall deposit the amount of arrears from August, 2007 to March, 2008 within eight weeks from this day and shall regularly pay the amount for the month of April, 2008 onwards upto 10th day of the succeeding month. In case of failure to deposit arrears within the stipulated period or in case of failure to pay two monthly payments, the notice of motion shall be deemed to have been granted in terms of prayer clauses (a) to (d). Parties shall not enter into further agreement or contract in respect of disputed hoardings without prior permission of the Court. All the rival contentions are left open and the suit shall be decided on its own merits. (ii) The trial Court shall invest the said amount in fixed deposit with some nationalised bank. The amount so deposited alongwith interest shall be subject to the :3: result of the suit. The trial Court shall expedite the hearing of the suit and dispose off the same as early as possible and preferably by the end of 2008. At present there is some dispute about the assignment of 2/3rd share in favour of the plaintiff. In case, the dispute comes to an end and the plaintiff shall be at liberty to move the trial Court to release the amount so deposited in favour of the plaintiff even pending the said suit. 3. Appeal stands disposed off accordingly. 4. As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)