ORDER : 1. Leave granted. 2. The High Court, by its impugned judgment and order dated 3 September 2018, directed the respondents who are the judgment debtors to pay occupation charges at the rate of Rs 50,000 per month, in terms of the judgment of the trial Court dated 11 June 2018 until the disposal of the appeal. 3. The appeal before this Court has been filed principally on the ground that: (i) no direction has been passed by the High Court for deposit of the occupation charges from the date of institution of the suit in August 1996 until the date of the decree on 18 January 2018 despite there being a money decree; and (ii) post decree, the occupation charges of Rs 50,000 must be enhanced. 4. Based on the decision of this Court in Atmaram Properties Ltd. v Federal Motors Ltd, (2005) 1 SCC 705 , two submissions have been urged on behalf of the appellant by Mr. Ranjan Bachawat , learned Senior Counsel: (i) Since there is a money decree which enures to the benefit of the appellant, the High Court, while granting a stay, ought to have taken into account the provisions of Order XLI Rule 5 of the Code of Civil Procedure 1908 by directing deposit of occupation charges prior to the date of decree; and (ii) The amount of Rs 50,000 per month should be suitably scaled up having regard to the fact that the property is situated in the heart of Kolkata and admeasures 0.33 acres. 5. Mr V Shekhar, learned Senior Counsel appearing on behalf of the respondents, however, submitted that since an enquiry was directed by the trial Court into mesne profits and since a Commissioner is yet to be appointed for undertaking this exercise, at the highest, this Court may expedite that process without modifying the interim directions of the High Court. Learned senior counsel further submitted that though the land admeasures 0.33 acres, it is vacant land which has not been put to any use by the respondents. Moreover, it has been submitted that the sale instance which has been quoted by the appellant is fanciful and there is no basis to enhance the compensation which is payable for the period after passing of the decree of the trial Court. 6. Moreover, it has been submitted that the sale instance which has been quoted by the appellant is fanciful and there is no basis to enhance the compensation which is payable for the period after passing of the decree of the trial Court. 6. Having heard learned counsel, we are clearly of the view that the High Court was not justified in effectively granting a blanket stay insofar as the occupation charges between August 1996 and 18 January 2018 are concerned. There is a money decree in respect of those charges. The judgment debtor cannot simply hold on to the property without paying occupation charges. Hence, we order and direct that the respondents shall deposit occupation charges computed at the rate of Rs 50,000 per month from the date of the suit till the date of the decree. The entire arrears on that basis shall be deposited before the Registrar of the High Court within a period of three months from today. Upon deposit, the amount shall be invested in a fixed deposit of a nationalized bank to abide by the result of the first appeal before the High Court. 7. Insofar as the occupation charges after the date of the decree are concerned, we have duly considered the material on record. We direct that the respondents shall deposit the occupation charges at the rate of Rs 1.50 lakhs per month commencing from the month of February 2018. The arrears shall be deposited before the Registrar of the High Court within a period of three months from today which shall be invested in a fixed deposit of a nationalized bank on the terms as directed above. 8. If any amount is lying in deposit with the Joint Advocates on Record, that amount shall also be deposited with the Registrar of the High Court for investment in the above terms. 9. We clarify that the Commissioner shall enquire into the mesne profits independently, uninfluenced by the directions which have been passed in the above terms. The above directions shall necessarily abide by the final result of the enquiry or such directions as may be issued by the High Court, while hearing the first appeal. 10. We request the High Court to issue consequential directions in order to ensure that a Commissioner is appointed for the aforesaid purpose in terms of the above directions. 11. The above directions shall necessarily abide by the final result of the enquiry or such directions as may be issued by the High Court, while hearing the first appeal. 10. We request the High Court to issue consequential directions in order to ensure that a Commissioner is appointed for the aforesaid purpose in terms of the above directions. 11. Hearing of the first appeal before the High Court is expedited. It will be open to the parties to apply for expeditious disposal of the appeal. 12. The Appeal is accordingly disposed of. There shall be no order as to costs.