1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.907 of 2009 In First Appeal No.227 of 2009 Padmakar Achhanana Shetty Applicant Vs. M/s.Mahadkar Constructions Pvt.Ltd. and ors. Respondents Mr.A.A.Kumbhakoni with Mr.T.D.Deshmukh for appellant. Mr.R.G.Ketkar i/b. Mr.Rajdeep Kadapkar for respondent no.1. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. March 4, 2009. P.C. 1. Heard Mr.Kumbhakoni with Mr.Deshmukh, learned counsel for the applicant. Mr.Ketkar appears for the respondent no.1. The applicant prays for stay to the operation of the judgment and decree passed in Special Civil Suit No.103 of 2004 on 20/11/2008 and which has been impugned in First Appeal No.227 of 2009. 2. The application is allowed in terms of prayer clause (b) subject to the following conditions: (a) The amount of licence fees at the rate of 2 Rs.45,000/- (Rupees forty five thousand) per month from the date of the suit till the date of the impugned decree shall be deposited with the trial Court by the applicant within six weeks from today and the said amount shall stand invested in fixed deposit in any nationalised bank initially for a period of three years and to be renewed thereafter on year to year basis in case appeal remains pending in this Court. (b) Licence fees at the rate of Rs.45,000/- (Rupees forty five thousand) per month shall be paid by the applicant to the respondent no.1 from 1/12/2008 onwards and during the pendency of the appeal. The said payment shall be realised before the 10th of every month. The arrears from December 2008 to 31st March 2009 shall be paid on or before 5th April 2009 and thereafter the monthly licence fees shall be payable before the tenth day of every month during the pendency of the appeal. (c) So far as the issue of mesne profits under Order XX Rule 12 of CPC is concerned, the 3 plaintiff is at liberty to take appropriate steps for its determination. (d) The applicant shall not create any third party interest in respect of the suit premises during the pendency of the appeal and in any form. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)