1 caf3544 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3544 OF 2005 IN FIRST APPEAL NO.1434 OF 2005 Mr.D.M.SHanbhag (since deceased through L.Rs) ...Applicants vs. Shantabai K. Pai & Ors. ...Respondents Mr.Rajendra Jadav for the applicants Mr.D.B.Sawant for the respondent CORAM : A.S.OKA,J. DATE : JULY 1, 2011 P.C.: 1 Heard learned counsel for the parties. Appeal preferred by the applicants against decree of possession has been already admitted. It is pointed out that in terms of the order dated 24 th October 2005, the applicants have deposited a sum of Rs.25,000/-. Apart from the decree for possession, there is a money decree for payment of Rs.36,000/-. 2 The Decree for possession is in respect of a Pan Bidi stall. The trial Court has granted compensation to the original plaintiffs at the rate of Rs.1,000/- per month from August 1986 till July 1989. As a result of grant of stay, the Applicants will continue to conduct the business in the suit shop. As a condition for grant of stay, the applicants will have to deposit a reasonable amount per month which is quantified at Rs.2,000/- per month from the date of the impugned decree. 3 Hence, I pass the following order : 2 caf3544 i) There will be stay of execution and operation of the decree for possession till the final disposal of the appeal subject to condition of the applicants depositing with the Trial Court compensation at the rate of Rs.2,000/- per month from the date of impugned decree till the disposal of the appeal. ii)Stay is granted subject to further condition that the balance amount payable in terms of clause (b) of the plaint being a sum of Rs.11,000/- shall be deposited with the Trial Court within a period of two months from today. iii)Arrears payable at the rate of Rs.2,000/- per month from the date of decree till 31 st July 2011 shall be deposited with the trial Court on or before 31st October 2011. On failure to deposit arrears, stay will stand vacated without further reference to the Court. iv)The amount payable from August 2011 shall be deposited by the Applicants with the Trial Court on or before 15th day of every calendar month. v) As and when the amounts are deposited, the plaintiffs will be entitled to withdraw the same on giving undertaking to the trial Court to restitute the said amount with appropriate rate of interest in the event the applicants succeed in the appeal. vi)Civil Application is disposed of on above terms. JUDGE