1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIIVIL APPLICATION NO.897/2009 IN S.A. 443/2009 MOHAMED HABIB & ORS ..VS.. MOHD. SHAREEF & ORS Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 30/8/2010 Heard Shri Johrapurkar, the learned counsel of the appellant and Shri Mohta, the learned counsel for respondent no.1 & 2. Both the courts have concurrently recorded the findings against the appellant. The second appeal is however admitted on the substantial questions of law by an order dated 22.2.2010. In such circumstances, it would be necessary to protect the possession of the appellant during the pendency of the second appeal by imposing certain terms and conditions. Admittedly the appellant is – the premises since the year 2001, without paying the by to the respondent. Hence in the circumstances, in the interest of justice, this court orders status-quo as regards the possession during the pendnecy of the second appeal only o the condition that the appellant deposits the arrears of occupation charges @ Rs.200/- per month w.e.f. 1.11.2001 till this month within a period of 6 weeks. from the date of this 2 order. The appellant would also be liable to pay a sum of Rs.200/- towards occupation charges every month. This arrangement would however not prejudice the rights of the parties to defend or advance their cases as regards the quantum of occupation charges which may be payable by the appellant. Hence stay of possession is granted only on the aforesaid terms. Civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.