1 44 caf.418.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 418 OF 2011 IN FIRST APPEAL NO. 216 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Atul G. Damle for the Applicant. Mr. R.R.Arolkar for Respondent No.1. CORAM : A.S.OKA, J. DATE : 16 th June, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent No.1. 2 The appeal has been admitted for final hearing. Hence, operation of clause (2) of the operative part of the decree will have to be stayed. During the pendency of the suit, in the year 1996, an interim order was passed by the trial Court directing the Applicant to deposit the compensation amount at the rate of Rs.500/- per month. Clause (3) of the operative part of the decree directs the Applicant to comply with the said order till the disposal of the suit. The said part of the decree cannot be stayed. 2 44 caf.418.11 3 There is a decree directing the Applicant to handover occupation of the business in the suit premises. As a condition for grant of stay, the Applicant will have to deposit a reasonable amount by way of compensation. The alleged business conducted is of Pan Bidi and Tobacco in the suit premises which is situated at Dr.Ambedkar Road, Lalbaug, Bombay. As of the year 1996, the trial Court had directed the Applicant to deposit Rs.500/- per month. The suit premises is situated in the heart of the city. Therefore, as a condition for grant of stay, the Applicant will have to deposit a sum of Rs.2,000/- per month from 1 st February, 2011 till the disposal of the appeal. 4 Hence, I pass the following order: i. There will be stay of execution and operation of clause (2) of the operative part of the impugned judgment and decree subject to condition of the Applicant depositing with the trial Court a sum of Rs.2,000/- per month from 1 st February, 2011 till the disposal of the appeal; ii. There will be a further condition that the Applicant will not create any third party 3 44 caf.418.11 rights and will not part with possession of the suit premises till the disposal of the Appeal ; iii. The amount payable at the rate of Rs. 2000/- per month as aforesaid, upto 30 th June, 2011 shall be deposited with the trial Court on or before 16 th August, 2011. If the amount is not deposited within the stipulated time, the stay will stand vacated without further reference to the Court. iv. From July, 2011 onwards, the Applicant shall keep on depositing the amount with the trial Court on or before 15 th day of every calender month. v. As and when the amount is deposited, it will be open for the Respondent No.1-A to withdraw the said amount. The withdrawal will be subject to final outcome of the appeal. vi. Prayer for stay to rest of the decree is rejected. vii. There will be no order as to costs. [ A.S.OKA, J ]