Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 2421 of 2008 IN WRIT PETITION NO. 6460 of 1999 Ramesh Gangadas Daryanani ...Applicant V/s. M/s. Sainath Plastic Co. & ors. ...Respondents Mr. Y.T.John for the applicant. Mr. Ajay Panickar for respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 9TH JANUARY, 2009 : 9TH JANUARY, 2009 : 9TH JANUARY, 2009 P.C. . Heard Counsel for the parties. There is no difficulty in accepting the legal submission of the applicant which is founded on Atmaram Properties case (reported in 2005(1)RCJ 23(SC)) that during the pendency of writ petition, High Court can direct the tenant to pay market compensation for the suit premises as a condition for staying the decree of eviction. However, in the fact situation of the present case, no further relief can be granted to the landlord. That is so because the decree passed by the Trial Court considers the question of quantum of mesne profit to be paid by the tenant to the landlord in relation to the suit premises. That amount has been determined by the Trial Court as Rs. 865/- per month from 1st February, 1976 till the date of handing over possession. Decree so passed by the Trial Court has not been assailed by the landlord. That decree will come in the way of 2 landlord, if he prays for any higher compensation. Thus understood, the application will have to be dismissed in the peculiar facts of the present case. Ordered accordingly. 2. Counsel for the applicant submits that in the past on two occasions this Court has directed listing of main writ petition for final hearing but the matter has not proceeded further. In the circumstances, the Office is directed to place the writ petition No. 6460/1999 for hearing under caption ‘expedited cases’ as per its turn. Counsel for the Respondent tenant submits that reply affidavit of the respondents be taken on record. The same has not been filed in the Registry so far. Hence, it is not taken on record. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]