1 970-wp-276-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 276 OF 2024 1. Balasaheb S/o Namdev Chavan, Age: 49 years, Occu. Agril, R/o. Brahanpur, Tal. Newasa, Dist. Ahmednagar. 2. Dnyaneshwar S/o Balasaheb Chavan, Age: 30 years, Occu. Agril, R/o. Brahanpur, Tal. Newasa, Dist. Ahmednagar 3. Ganesh S/o Balasaheb Chavan, Age: 28 years, Occu. Agril, R/o. Brahanpur, Tal. Newasa, Dist. Ahmednagar. …..PETITIONERS (Ori. Defendants.) VERSUS 1. Karbhari S/o Anand Jadhav, Age: 73 years, Occu. Agril, R/o. Brahanpur, Tal. Newasa, Dist. Ahmednagar. 2. Jalindar S/o Karbhari Jadhav, Age: 36 years, Occu. Agril, R/o. Brahanpur, Tal. Newasa, Dist. Ahmednagar. …..RESPONDENTS (Ori. Plaintiffs) ______________________________________________________ Mr. K. N. Shermale, Advocate for the Petitioners Mr. D. K. Dagadkhair, Advocate for Respondents ______________________________________________________ CORAM : ROHIT W. JOSHI, J. DATED : 23RD JULY, 2025 2025:BHC-AUG:19993 2 970-wp-276-2024 ORAL JUDGMENT :- . The execution of decree for possession passed in favour of the respondents/plaintiffs was stayed by the learned Appellate Court vide order dated 11.01.2023. The said order clarified that the interim order was granted subject to putting conditions on the appellant/original defendants of depositing certain amount to be determined in light of law laid down by the Hon’ble Supreme Court in the matter of Atma ram Properties (P) LTD Vs. Federal Motors Pvt. Ltd, reported in (2005) 1 SCC 705. Vide the impugned order dated 27.11.2023, the learned Appellate Court has directed the appellant to deposit Rs. 15,000/- (Rs. Fifteen thousand only) per year as a condition for stay. Simultaneously, the learned Appellate Court also directed the appellant to file private paper book within a month and to co-operate for expeditious disposal of the appeal. 2. This order dated 27.11.2023 is impugned in the present petition. Vide order dated 10.01.2024, this Hon’ble Court granted stay to the impugned order on the condition that the appellant/petitioner deposits sum of Rs.15,000/-(Rs. Fifteen thousand only) per year. 3 970-wp-276-2024 3. The learned Appellate Court has determined the amount considering that profit from cultivation of sugar cane in one acre land should be around 70,000/- to 75,000/-. Based on this, the learned Appellate Court has determined amount of Rs.15,000/- as a reasonable amount to be deposited towards the condition of stay. However, the learned Appellate Court has not taken into consideration that cultivation of a small portion of land admeasuring 0.08HR may not be feasible that may give rise to additional expense. 4. Having regard to totality of circumstances, ends of justice will be subserved by partly allowing the petition by directing the petitioner/appellant to deposit sum of Rs.9,000/- per year instead of Rs.15,000/- per year as ordered by the learned Appellate Court. Order dated 27.11.2023 passed by the learned District Judge-1, Newasa on application at Exhibit 17 in Regular Civil Appeal No.22 of 2022 is modified accordingly. 5. Writ Petition is partly allowed. 6. Civil Application, if any, stands disposed of. ( ROHIT W. JOSHI, J. ) Rushikesh/2025