1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 1880/2009 IN F.A. No. 867/2009 (Smt. Sudhabai Wasudeorao Kewale & anr VERSUS Sau. Anusayabai Bhikuji Lanjewar & ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Palshikar, counsel for the appellant. Shri N.R. Saboo, counsel for the respondent no.1. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 7, 2009. Heard the learned counsel for the parties. The respondent no.1 is the original plaintiff. He had filed the suit for eviction and possession against the appellant and the respondent nos.2 and 3. It was the case of the respondent no.1 that the appellant no.1 was the caretaker of the property which was initially owned by one Usha Saraf. The appellant no.1 had inducted the appellant no.2 and the respondent nos.2 and 3 in the said property as tenants. The appellant no.1 had claimed the ownership in himself in view of an oral gift. The trial Court had negated the case of the appellant nos.1 and 2 and decreed the suit of the respondent no.1. It is not in dispute that the appellant no.1 is in possession of one room of the suit property and the appellant no.2 is in possession of 877 square feet of land/plot. 2 In the facts and circumstances of the case and in the interest of justice, since the first appeal is admitted, it would be necessary to protect the possession of the appellant nos.1 and 2. The stay of possession only on the condition that the appellant no.2 deposits an amount of Rs.500/- per month and the appellant no.1 deposits an amount of Rs.250/- per month regularly in the trial Court. The amount should be deposited from the month of March-2009. The arrears should be deposited within a period of one month from today and the monthly deposit should be made regularly in the trial Court. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE