1. This is the Respondent, landlord's Civil Application. The Civil Revision Application filed by the tenant, is to be heard finally. The Applicant/Respondent has succeeded in obtaining a decree for eviction in both the Courts below. The question is whether in the facts and circumstances of the case the Petitioner/tenant ought to be granted an unconditional stay of the execution of the decree for eviction or whether the execution of the decree ought to be stayed only upon certain conditions and, if so, on what conditions.

2. The property admittedly is situated in a prime locality in Mumbai and admeasures 9000 sq. ft. The Respondent has succeeded in both the courts below. Prima-facie, it is not possible to state that the judgments are unsustainable. The premises are occupied by the officers of the co-operative department of the State of Maharashtra. The District Deputy Registrar is Petitioner no.2. In my view, it would be unjust to grant an unconditional stay of the execution of the decree.

3. In Atma Ram Properties (P.) Ltd. v. Federal Motors Pvt. Ltd., 2005 (1) Supreme Court Cases, 705, the Supreme Court held that while passing