IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 19 OF 2010 IN FIRST APPEAL NO. 6 OF 2010 SHRI. KANTU SHANKAR DESSAI AND ANR., ... Applicants Versus SOCIEDADE AGRICOLA DOS GAUNCARES DE CUNCOLIM E VERODA THROUGH PRESIDENT AND ANR., ... Respondents Mr. Sudesh Usgaokar, Advocate for the Applicants. Mr. S.D. Lotlikar, Senior Advocate with Mr. H. Kankonkar, Advocate for the Respondent No.1. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 4th August, 2010 P.C. Heard the learned Counsel appearing for the Applicants and the learned Senior Counsel appearing for the first Respondent. The Appeal preferred by the Appellants who are the first and second Defendants has been admitted for final hearing. By the impugned decree, the registration of the lease dated 23rd September, 2004 has been ordered to be cancelled. A decree of possession has been passed against the Appellants and by a decree of permanent injunction, the Appellants have been restrained from carrying out any construction/development in the suit property. 2. The learned Senior Counsel appearing for the first Respondent pointed out that during the pendency of the suit, there was a temporary injunction granted against the Appellants restraining them from carrying out any construction/development in the suit property and the said order was confirmed by this Court in Appeal from Order. 3. In the circumstances, though the decree passed in terms of prayer clauses (b) and (c) of the plaint will have to be stayed, the decree in terms of prayer clause (d) cannot be stayed as an order of temporary injunction was already operating against the Appellants during the pendency of the suit. As a result of grant of stay of decree for possession, the first Respondent will be deprived of possession of the suit property. Therefore, as a condition for grant of stay, the Appellants will have to keep on depositing a sum of Rs.5000/- per month in this Court till the final disposal of the Appeal. Hence, the application is disposed of by passing the following order :- O R D E R (A) Till the final disposal of the Appeal, the execution and operation of the decree passed in terms of prayer clauses (b) and (c) of the Suit will remain stayed, subject to condition of the Appellants depositing in this Court a sum of Rs.60,000/- per year till the disposal of the Appeal. (B) The proportionate amount for the year 2010 at the rate of Rs.5000/- per month from August, 2010 till the end of December, 2010 shall be deposited by the Appellants in this Court within a period of six weeks from today. Thereafter, the yearly amount shall be deposited in advance by the Appellants on or before 31st March of every calendar year from the year 2011. In case of any breach committed by the Appellants, the first Respondent will be entitled to apply for appropriate relief. (C) The amounts deposited by the Appellants shall be suitably invested. (D) Hearing of the Appeal is expedited. It will be open for the Appellants to file private paper books. A. S. OKA, J. F. M. REIS, J. at*