MARJORIE PASSANAH Vs. MUMTAZ IQBAL SHAIKH

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) This petition impugns the order dated 10.2.2008 passed by the Appellate Bench of Small Causes Court at Bombay, whereby the petitioners have been ordered and directed to deposit and continue to deposit compensation @ Rs. 15,000/- per month, in addition to the monthly rent and permitted increases till the decision in the Appeal as a condition to the grant of stay to the execution of the decree and liberty has been granted to the respondent to withdraw the amount deposited towards monthly rent and permitted increases as per the order of the Trial Court.

(3.) The suit premises is a flat comprised of two bed rooms with servant's room and attached toilet in a building known as Victoria Terrace, 3rd Victoria Cross Lane, Byculla, Mumbai - 400 027 admeasuring 1250 sq.ft. carpet area. The suit was filed by the Respondents, who are the landlords of the suit building for eviction of the petitioners, who are tenants, from the suit premises, essentially on the ground of bona fide requirement which suit came to be decreed. The matter was carried in Appeal by the petitioners. It is in this appeal that an Application came to be filed by the petitioners in the form of Interim Notice for stay of the execution of the decree pending the hearing and final disposal of the appeal, wherein the impugned order came to be passed.