1 caf1941-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1941 OF 2011 IN FIRST APPEAL NO. 1039 OF 2011 Suryanath @ Sunath Mahesh Gupta .. Applicant V/s. Jankidevi Ganesh Gupta (Since deceeased through her LR's) Rajnath Ganesh Gupta .. Respondent ..... Mr. M. S. Kadu for the applicant. Mr. Rajednra Bhandari for the respondent. ..... CORAM : A.S.OKA, J. DATE : AUGUST 30, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent. The applicant is the defendant who has suffered a decree for possession in respect of a room admeasruring 10 feet x 8 feet more particularly described in the plaint. The finding of the trial Court is that the applicant has no right, title or interest in respect of the suit premises. As the Appeal has been admitted for final hearing, the stay of the decree for possession deserves to be granted. However, as a condition for grant of stay, the applicant will have to deposit a reasonable amount by way of compensation from the date of the impugned 2 caf1941-11 decree. Considering the nature and location of the suit premises, the applicant will have to pay compensation at the rate of Rs.1500/- per month from the date of the decree. Hence, I pass the following order: :: O R D E R :: i. Till the disposal of the Appeal, there will be stay to the execution and operation of the decree for possession subject to following conditions:- (a) The applicant shall not create any third party rights and shall not part with possession of the suit premises to the third parties; (b) The applicant shall keep on depositing a sum of Rs.1,500/- per month with the Trial Court with effect from 01st April, 2011 till the disposal of the Appeal. ii. Time to deposit the arrears payable up to 31st August, 2011 is granted till 31st December 2011. iii. However, from September 2011 onwards, the applicant shall deposit a sum of Rs.1,500/- per month with the trial Court on or before 15th day of every calender month. 3 caf1941-11 v. In case any default is committed, it will be open for the respondent to apply for vacating the interim stay. vii. As and when the amount is deposited, the trial Court shall permit the respondent for withdraw the said amount after furnishing security for the said amounts. viii. Civil Application is disposed of on the above terms with no order as to costs. (A.S.OKA, J.)