1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2566 OF 2009 IN APPEAL NO. 145 OF 2009 IN SUIT NO. 3275 OF 1987 Mrs.Kamlam P.Thilakan and Ors. ..Appellants Vs. Vithala Narayana Shetty ..Respondent .... Mr.Mahesh Menon i/by M/s. Mahesh Menon and Co. for Appellants and in support of Notice of Motion No.2554 of 2009 Mr.M.C.Hegde along with Mr.B.Mohidin for Respondent and in support of Notice of Motion No. 2566 of 2009 .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 9th MARCH, 2010 P.C.: 1 We have heard the learned counsel for the parties. This Motion has been taken out by the original defendant who has been directed to hand over the possession of the suit premises. However, this Motion is based on the alternative relief granted. The appeal filed by the 2 Plaintiffs against the alternative relief granted, has been admitted. 2 Mr. Menon, the learned counsel for the appellants-plaintiffs has, on instructions, given an oral undertaking that the decree for handing over possession of the suit premises will not be put in execution during the pendency of the appeal provided the defendant pays, in addition to the royalty amount of Rs. 20,000/- per month, an amount of Rs.500/- per day. We do not see any unreasonableness in this proposition and we therefore, dispose off this Motion in terms of the following directions: a) The defendant shall, in addition to Rs.20,000/- per month by way of royalty, pay an amount of Rs.500/- per day to the plaintiffs during the pendency of Appeal No. 145 of 2009 or till they choose to hand over the possession of the suit premises to the plaintiffs whichever is earlier. b) The defendant shall also pay the amount of arrears of Rs. 500/- per day from 13th June, 2009 onwards, these arrears shall be paid within one month. c) The execution of the decree for possession of the suit premises, shall stand stayed during the pendency of the appeal if the payments mentioned in clauses (a) and (b), are 3 made. d) Hearing of the appeal is expedited. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]