1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1338 OF 2003 in SECOND APPEAL NO.538 OF 1995 Shashikant Hareshwar Thakur .... Applicant Vs. Shri Harbhajan Gurudayalsing & Ors .... Respondents Mrs. S.A. Madbidri for Applicant. Mr. V.S. Kapse,Advocate for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 19th November, 2008 P.C. 1. By the order dated 5th September, 1995, respondent No. 1 who is original appellant was granted stay of the decree on condition that he deposits in the trial Court the arrears of rent/ compensation and continues to deposit the current rent in the court. The applicant, the original respondent No. 1 was permitted to withdraw the amount deposited in the Court without prejudice to the rights of the parties. That interim order was confirmed by the order dated 15th September, 1995. In the present Civil Application, the applicant complains that respondent No.1 complied with the interim order only till December,2003. Thereafter he failed to deposit monthly rent of Rs.100/- in the court. After service of the present Civil Application, respondent No.1 has deposited a sum of Rs.7,200/- in the Court on 7th October,2008, the amount of Rs.7,200/- 2 being the rent payable during the period January 2004 to December,2008. Mr.Kapse, learned Advocate therefore prays that interim stay of the decree be set aside for non compliance of condition attached to the order. Though respondent No.1 has deposited the amount of rent for four years in the Court, there is no explanation given to the reply for non compliance of the order during the period of four years. 2. The present Second Appeal is of the year 1991. It is ready for hearing in every respect. In the circumstances, in my opinion, the interest of justice would be served if respondent No.1 is directed to deposit an equal amount of Rs.7,200/- in the Court by way of costs for continuation of the interim order. Respondent No.1 shall deposit the amount within a period of one week. On such deposit being made, the applicant is at liberty to withdraw the amount of Rs.7,200/- already deposited and the amount of Rs.7,200/- ordered now. The Appeal be placed on board for hearing in first week of December. Civil Application is disposed of. (SMT. R.P. SONDURBALDOTA,J)