1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1015 OF 2005 IN APPEAL NO.1296 OF 1996 IN SUIT NO.398 OF 1974 Mahendra Popatlal Shah .. Appellant. V/s. Canara Bank .. Respondent. And Bombay Alloys & Castings .. Defendant No.2. Mr.M.J. Jamdar for the appellant. Mrs.D. Shalini Shankar i/b. Shukla & Shukla for respondent No.1. Ms.Sumedha Rao for respondent No.2 in support. CORAM : R.M. LODHA & CORAM : R.M. LODHA & CORAM : R.M. LODHA & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 15TH JUNE, 2005. DATED : 15TH JUNE, 2005. DATED : 15TH JUNE, 2005. P.C. : The appeal is of the year 1996 and, therefore, be posted for hearing as per its seniority. This takes care of prayer (a) of the Notice of Motion. 2. Prayer (b) does not deserve to be granted by way of interim measure. The question of mesne profits can always be decided at the time of final hearing of the appeal. 2 3. The notice of motion is, therefore, disposed of with the aforesaid observations. (R.M. LODHA, J.) (J.P. DEVADHAR, J.)