1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.1041 OF 2009 IN SUIT NO.1046 OF 2003 Lata Ratanlal Mittal and others ..Plaintiffs. Vs. Kishore Satyavan Chitre and another ..Defendants. .... Mr. Ashish Kamat with Mr. R.S. Raymond and Mr. V.P. Shastri i/b Raymond & Co. for the Plaintiffs. Mr. Pushkar Patankar for Defendant No.2. .... CORAM : DR. D.Y. CHANDRACHUD, J. 1st October, 2009. P.C. : The suit has been instituted for a mandatory order directing the Defendants to remove themselves from the suit premises comprising of a room and balcony. The Notice of Motion that has been taken out is for a direction against the Defendants to pay an amount by way of mesne profits and/or damages and or/compensation. Obviously a decree for mesne profits cannot be passed at the interlocutory stage. The alternative prayer that has been pressed is for an injunction restraining the 2 Defendants from parting with the possession of the suit premises. Counsel appearing on behalf of the Defendants states that pending the hearing and final disposal of the suit, the Defendants shall not part with the possession of the suit premises. The statement in the aforesaid terms is accepted. The Notice of Motion is accordingly disposed of. Liberty to the Plaintiff to renew the application for mesne profits at an appropriate stage after the issue of jurisdiction is determined by the Small Causes Court. *****