1 CAC 92-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.92 OF 2010 IN CIVIL REVISION APPLICATION NO.363 OF 2009 Shahrukh K. Irani & ors ..Applicants V/s. Smt. Manibai Hirji Shah & ors ..Respondents Shahrukh K. Irani, Applicant-in-person, present Smt.Sushma Singh i/b.M/s.G.H.Shukla & Co., Advocate, for the Respondent Nos.13, 14, 16 & 19 CORAM : R.C.CHAVAN, J. DATE : 4TH AUGUST, 2010 P.C. . By this Application, the Applicants sought two reliefs. First, Civil Revision Application No.363 of 2009 itself may be dismissed since Civil Revision Application No. 368 of 2009 filed by the original tenants was dismissed by this Court and the original tenants took the matter to the Supreme Court where their SLP was dismissed but it is not in dispute that the Applicants in Civil Revision 2 CAC 92-10 Application i.e.subtenants claimed to be of the suit premises since 1948. In view of this, it would not be possible to summarily dismiss the Civil Revision Application only because the tenants' SLP has been dismissed by the Supreme Court. This would be taken into consideration while hearing Civil Revision Application on merits. 2. The next prayer in the Civil Application is for passing orders directing the Applicants in the Civil Revision Application to pay a sum of Rs.30,000/- per month towards compensation/damages/mesne profits. The premises are situated near Railway Station in the heart of Mumbai city and are used for commercial purpose for running grocery stores. 3. In view of this, compensation is fixed at Rs.20,000/- per month has to be adjusted eventually towards the mesne profit. The 3 CAC 92-10 decree as may be passed by the Trial Court. The Court of Small Causes shall irrespective of the fact that no Petition is pending before it, receive the monthly compensation and shall pay it to the present Applicants. Amount of compensation is allowed to be withdrawn on furnishing security to the satisfaction of Registrar of this Court. The arrears from 1st July, 2009 shall be paid in 12 monthly instalments along with current month's dues. This amount be paid before 10th of every month in R.A.E. Suit No.1286/3778 of 1990. 4. Civil Application is disposed of. (R.C.CHAVAN, J.)