IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1776 OF 2006 IN SUIT NO. 1377 OF 2004 Sadanand Raju Shetty.... ...... ......Plaintiff. V/s Kishinchand V. Khemani & Ors. ...... ......Defendants. Mr.P.R.Kadam, Adv. for the plaintiff. Mr.Shailesh Shukla i/by AZB & Partners, Adv. For deft. No.1. Mr.C.G.Gavnekar i/by Mr.B.M.Shaikh, Adv. for the defendant No.2 in support. Mr.M.M.Vaidya, Advocate for defendant No.6. CORAM: A.P.DESHPANDE, J. 16/6/08 PC: The suit was initially filed for claiming permanent injunction against defendant No.5. However during pendency of the suit plaint has been amended and the relief claimed is in respect of handing over peaceful possession. Thus it is undisputed that the defendant No.5 is in possession of the premises in question. By an ad-interim order dated 27.6.06 this Court accepted the statement made by defendant No.5 that he will not part with possession or create any third party interest or create encumbrance over the suit premises till the disposal of the motion. Heard learned counsel for the plaintiff and defendant No.5 for quite some time. Both the learned counsel are in agreement that the Court may dispose of the notice of motion by passing an 1 order without supporting the same by recording reasons. In view of this concession I pass the following order: i) Ad-interim order dated 27.6.06 stands confirmed. ii) Defendant No.5 shall deposit in this Court by way of damages/compensation/mesne profits a sum of Rs.5000/- per month with effect from June, 1996 till June, 2006. The amount shall be deposited within a period of six months from today. iii) The defendant No.5 shall deposit by way of damages/compensation/mesne profits for the period commencing from 1.7.06 till June, 2008 at the rate of Rs.7,500/- per month. The amount shall be deposited within a period of two months from today. The defendant shall continue to deposit sum of Rs.7,500/- per month on or befor expiry of 10th day of each month in the Court from July, 2008 onwards. iv) Liberty is granted to the plaintiff to apply for revision of the amount of deposit/compensation/mesne profit after expiry of a period of two years from today. v) The amount on its deposit by defendant No.5 shall be invested by the Prothonotary & Senior Master in a nationalised bank initially for a period of one year subject to its renewal from time to time without direction from the Court till disposal of the suit. This deposit shall be without prejudice to the rights of the parties. Notice of motion stands disposed of. 16.6.08 2