1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7618 OF 2009 Mrs. Bachubai Sorabji Ruwala & anr........ Petitioner versus Adesh C. Lamge........Respondent. Mr. Kunal Bhanage adv. for the Petitioner Mr. N.V. Gangal adv. for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 14th December, 2009. P. C.: 1. The present petition is filed by the tenant against whom a decree for eviction and possession has been passed and who has preferred an appeal. In the appeal preferred by the tenant, an application seeking stay of the execution of decree for possession under Order 41 Rule 5 has been made. The first appellate court granted stay as prayed for, however, subject to condition that the petitioner/tenant deposits a sum of Rs. 6120/- per month towards compensation for occupying the premises. According to the learned counsel for the petitioner, the agreed rent was Rs. 510/- whereas the compensation is fixed at Rs. 6120/- per month. According to him this is punitive or oppressive and hence ought 2 not to have been so imposed. 2. According to the learned counsel for the respondent, the premises are admeasuring 1200 sq. fts, and the building is located at Giragaon, which is one of the prime locality in Mumbai. Thus it is contended that no interference whatsoever is called for with the impugned order as it takes a possible view of the matter. Perusal of the order reveals that the respondent landlord had placed on record the report of the architect who certifies that the prevailing rate of rent in the said locality is around Rs. 20,000/-. However the same was in regard to a structure admeasuring about 1500 sq. ft. Taking over all view of the matter, first appellate court has directed the petitioner to deposit Rs. 6120/- per month. 3. Perused the order. The same takes a possible view of the matter. The impugned order does not suffer from any illegality. In my view the condition imposed while granting stay cannot be termed as punitive or oppressive. In the result petition is dismissed. (A. P. Deshpande, J.)