IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1418 OF 2009 Laila Abbasali Sheriffi ...Petitioner V/s. Mrs.Mita K.Mitra ...Respondent ...... Ms.Manorama Mohanty i/b S.K.Srivastav & Co. for Petitioner. Mr.R.G.Singh for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 12, 2009. FEBRUARY 12, 2009. FEBRUARY 12, 2009. P.C. 1. At the hearing of this Petition, Respondent who is present in person through Counsel submits that the Respondent is willing to submit to the decree of possession pressed by the Petitioner/Plaintiff. It is brought to my notice that even before the Appellate Court, the Respondent had shown willingness to hand over possession of the suit premises. If it is so, the Trial Court will have to examine the question of : 2 : passing decree of possession on the basis of admission of the Respondent given before the Appellate Court as well as before this Court in the present order. 2. The Respondent through Counsel assures that the Respondent will hand over the keys and possession of the suit premises to the Plaintiff in Court consequent to passing decree of possession by the Trial Court on admission, in which case, the Petitioner/Plaintiff may not be required to proceed with the execution of the decree of possession. 3. Insofar as claim for mesne profit is concerned, that aspect will have to be considered by the appropriate Court in the enquiry to be held for that purpose after the decree of possession becomes final. All questions regarding liability of the Respondent to pay the said mesne profit will have to be considered in the said enquiry. The same are kept open to be decided by the appropriate Court. 4. Needless to observe that in view of the : 3 : stand taken by the Respondent before this Court and her willingness to submit to the decree of possession, the substantive Suit instituted by the Respondent for declaration will also get worked out and can be disposed of by the Trial Court on that basis. 5. Insofar as enquiry for determining mesne profit is concerned, the same shall be proceeded expeditiously. Counsel appearing for both sides states on instructions that respective parties will extend full cooperation to the Trial Court for early disposal. That assurance is accepted. 6. Petition disposed of on the above terms. A.M.KHANWILKAR, J.