1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4774 OF 2008 IN FIRST APPEAL NO.1865 OF 2008 Prakash W. Kumbhar & Ors. ....Applicants V/s. Vitthal N. Kumbhar & Ors. ....Respondents Mr.P.M. Havnur i/b Mr.M.P. Pawar for the Applicants. Mr.Vishwanath Talkute for Respondent Nos.1 and 2.. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 19TH JUNE, 2009. P.C. : 1. Heard Mr.Havnur, the learned counsel for the Applicants. Mr.Talkute appears for Respondent Nos.1 and 2. 2. The Applicants have agreed to deposit an amount of Rs. 10,000/- per month and the deposit will be on quarterly basis i.e. an amount of Rs.30,000/- per quarter. The said amount shall be deposited with the Registry of this Court commencing from the month of May, 2009 onwards. 3. As per Mr.Havnur, the Applicants earn about Rs.20,000/- per month and if that be so, admittedly the share of the Applicants 2 cannot be less than Rs.5000/- per month by way of mesne-profits. Hence we allow Respondent Nos.1 and 2 to withdraw the amount of Rs.5000/- per month from the deposit amount. 4. The Civil Application is therefore, allowed in terms of prayer (a) subject to the condition that the Applicants shall not create any third party interest on the suit property without the leave from this Court during the pendency of this Appeal. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)