1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7972 OF 2009 Ravindra Gajanan Raut & anr. ...Petitioners vs. Cyprian L.Fernandes & Anr. ...Respondents Mr.Nusrat Shah a/w Ms Pervin D. Contractor, Mr.A.K.Gupta,Ms Ema Almeida, Mr.Sayed Zia i/b Ms N.N.Shah for the petitioners Ms Zenobia Iranai for the respondents CORAM :A.S.OKA,J. DATE : SEPTEMBER 22, 2009 P.C. 1 Heard learned counsel for the parties. The suit for eviction filed by the petitioners has been decreed by the court of Small Causes. An appeal was preferred by the first respondent before the Appeal Bench of Small Causes Court for challenging the decree for eviction. An application for stay of execution and operation of the decree was made by the first respondent. An application was also made by the petitioners praying that since eviction decree has been passed in their favour, the first respondent be directed to pay compensation/rent as per the market value. The said two applications were heard together and by the impugned order dated 18th July 2009, the applications have been disposed of by granting stay to the execution and operation of the decree subject to the first respondent depositing compensation at the 2 rate of Rs.2500/- per month from the date of decree till the date of disposal of the appeal. 2 The learned counsel for the petitioners submitted that the decree is on the ground of bonafide requirement. A part of the suit premises have been kept vacant. He submitted that the compensation fixed by the Appellate Court is on the lower side. 3 I have considered the submissions. Pending substantive appeal against the decree of eviction, by the impugned order, the execution of the decree for possession has been stayed. The agreed rent was Rs.100/- p.m. By way of compensation, the first respondent has been directed to pay a sum of Rs. 3,500/- p.m. From the date of the decree. The compensation amount appears to be reasonable. Therefore, no interference can be made with the impugned order in writ jurisdiction under Article 227 of the Constitution of India. However, hearing of the Appeal deserves to be expedited. Hence, I pass the following order : i) Hearing of the Appeal is expedited. The appeal shall be decided expeditiously as possible and preferably by 31st March 2010. ii)Writ Petition is rejected. JUDGE