An Appellate Court's imposition of onerous conditions for stay of eviction decrees must be just and reasonable, reflecting equity principles under Order XLI Rule 5 of the CPC.

JUDGMENT:

MADHAV J. JAMDAR, J.

1. Heard Mr. Cyrus Jal, learned Counsel appearing for the Petitioners and Mr. Manu T. Ramchandran, learned Counsel appearing for the Respondent.

2. By the present Writ Petition filed under Article 227 of the Constitution of India, the Petitioners are challenging the legality and validity of the order dated 10^th November 2025 passed by the learned Appellate Bench of the Small Causes Court, Mumbai below Exhibit- 34 in Appeal No.50 of 2023 in R.A.E. Suit No.1868 of 2009. By the impugned order, the said application bearing Exhibit-34, seeking stay of six weeks to the eviction decree as confirmed by the learned Appellate Court for the purpose of availing further legal remedy is allowed by imposing certain conditions. The Operative Part of the impugned order dated 10^th November 2025 reads as under:

“ORDER

“1. Application (Exhibit 34) is allowed and operation of order dated 10.11.2025 passed in (A1) Appeal No. 50 of 2023 is stayed for period of six weeks on following conditions.

a) The appellants shall deposit Rs. 33,000/- per month from 19.11.2009 till 31.12.2010 as interim compensation in the Court.

b) The appellants shall deposit Rs. 37,000/- per month from 01.01.2011 till 31.12.2012 as interim compensation in the Court.

c) The appellants shall deposit Rs. 41,500/- per month from 01.01.2013 till 31.12.2014 as interim compensation in the Court.

d) The appellants shall deposit Rs. 46,000/- per month from 01.01.2015 till 31.12.2016 as interim compensation in the Court.

e) The appellants shall deposit Rs. 51,000/- per month from 01.01.2017 till 31.12.2018 as interim compensation in the Court.

f) The appellants shall deposit Rs. 56,700/- per month from 01.01.2019 till 31.12.2020 as interim compensation in the Court.

g) The appellants shall deposit Rs. 63,000/- per month from 01.01.2021 till 31.12.2022 as interim compensation in the Court.

h) The appellants shall deposit Rs. 70,000/- per month from 01.01.2023 till 05.03.2023 as interim compensation in the Court and for period of further six weeks from the date of this order.

i) Out of the total amount payable, 50% shall be deposited within two weeks from the date of this order, and the remaining 50% within the following two weeks, failing which the respondents/plaintiffs shall be at liberty to execute the decree.

j) If, within period granted, appellants failed to bring any order, then after expiry of six weeks period, the amount deposited be handed over to respondent which shall be adjusted against mesne profit, if any.

k) The appellants shall file undertaking on affidavit within eight days from today to effect without fail to not part with the possession of the suit premises and will not create any third party interest.

2. Costs in main cause.”

(Emphasis added)

3. Before considering the legality and validity of the impugned order, it is required to note certain admitted factual aspects.

i. The Respondent who is the landlady filed R.A.E. Suit No.1868 of 2009 on 18^th November 2009.

ii. On 6^th March 2023, learned Trial Court passed the Judgment and Decree of eviction in said R.A.E. Suit No.1868 of 2009

iii. The Petitioner filed Appeal No.50 of 2023 challenging the Judgment and Decree of the learned Trial Court.

iv. An application seeking stay of the Judgment and Decree dated 6^th March 2023 was preferred bearing application Exhibit-6 in Appeal No.50 of 2023 and the learned Appellate Court stayed the execution of the impugned eviction decree till final decision of the said Appeal by order dated 16^th October 2023 inter alia on the condition that the Ap