1 CAF 4205 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4205 OF 2010 IN FIRST APPEAL NO.118 OF 2011. WITH CIVIL APPLICATION NO.4182 OF 2010 IN FIRST APPEAL NO.1643 OF 2010. Ajit V Singh .. applicant. -versus Balbacchan R yadav .. Respondent. Mr. Vijendra S Jabra i/b Rakesh Kumar, for the applicant. Ms. Dipti Mallikarjun Bhande i/b Mr. Sandesh D. Patil, for the respondent CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel appearing for the applicant and learned counsel appearing for the respondent. Applicant is the plaintiff and respondent is the defendant. Applicant filed suit for injunction. Respondent filed counter claim for possession of the suit flat. The suit filed by the applicant has been dismissed and counter claim has been decreed. Decree for possession has been passed against the applicant. Counter claim made by the respondent for grant of monthly compensation and society charges has been dismissed. Two 2 CAF 4205 OF 2010 separate appeals preferred by the applicant have been admitted for final hearing. 2. As a condition for grant of stay to the execution of decree for possession, the applicant will have to pay a reasonable amount by way of compensation. 3. Learned counsel appearing for the applicant has relied upon an agreement of leave and license dated 16.6.2010, which is annexed to rejoinder. The said agreement is stated to be in respect of a similarly situated flat of the same area which shows that monthly compensation fixed is at Rs.3,500/-. Learned counsel for respondent submitted that the compensation payable as per market rate will be around Rs. 10,000/- per month. 4. It is stated that the counter claim made by the respondent for grant of monthly compensation has been dismissed. However, a condition of payment of a reasonable compensation can be imposed by this Court, while granting stay to the execution of decree for possession. The Agreement annexed to the rejoinder is in respect of a flat in the same Co- operative Housing Society, in which the suit flat is situated. In view of the copy of agreement annexed to the rejoinder, a reasonable compensation @ Rs.3,500/- per month will have to be fixed. Hence, the applications are disposed of by passing following order. ORDER 3 CAF 4205 OF 2010 I) The execution of decree for possession will remain stayed till final disposal of the appeals subject to condition of the applicant depositing with the trial Court, compensation @ Rs.3,500/- from 1st October, 2010, till the disposal of the appeal. II) Arrears of compensation payable upto 30th April, 2011 shall be deposited with the trial Court on or before 30th September, 2011. III) The applicant shall keep on depositing monthly compensation @ Rs.3,500/- with the trial Court from May, 2011 on or before 15th day of every calendar month. IV) In case any default is made by the applicant, it will be open for the respondent to apply for vacating interim stay. V) Stay is granted subject to further condition that the applicant will not create any third party rights and will not part with the possession of the suit flat till the final disposal of the appeals. VI) As and when the compensation is deposited, it will be open for the respondent to withdraw the same on furnishing security for the said amount upto the satisfaction of the trial Court. VII)It is made clear that monthly outgoings of the flat shall be borne and paid by the applicant. It is also made clear that all the payments made by the applicant will be subject to final outcome of the appeal. (A. S. OKA, J.)