vsa 1 CAW14_2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.14 OF 2011 IN WRIT PETITION NO. 3238 OF 2004 M/s. ACME Constructions Corporation & Ors. ).. Applicants Versus M/s.Bharat Petroleum Corporation Limited ).. Respondent Mr. Sharan Jagtiani & Mihir Tambe, i/b. M/s. Mulla & Mulla & C.B.C for the Applicants. S.R. Page, Advocate for the Respondent CORAM : A.S. OKA, J. DATE : 7th DECEMBER, 2011. P. C. Heard the Learned Counsel appearing for the Applicant. The prayer in this application is for vacating the Order of interim stay passed by this Court on 12th April, 2004. 2. The Stay was granted after hearing the Applicants. The Writ Petition challenging decree for eviction has been admitted for final hearing and therefore, at this stage, when the Writ Petition is pending, the prayer for vacating the stay cannot be entertained. The Learned Counsel appearing for the Applicants prayed that an early date of hearing may be fixed. In this Court, Writ Petitions are pending right from the year 1990 and in many of the Petitions, the ground of eviction is of bonafide requirement of landlord. Therefore, as of date, no priority can be given to the Writ Petition of the year 2004. 3. The learned Counsel appearing for the Applicants pointed out that the Learned Judge of the Court of Small Causes has held an inquiry for vsa 2 CAW14_2011 determination of mesne profits and an Order has been passed determining the mesne profits. He pointed out that the Respondent has preferred an appeal, which is pending before the Appellate Bench of the Court of Small Causes. 4. The submission of the learned Counsel appearing for the Applicants is that in view of the Order of Stay granted by this Court on 12th April, 2004, the applicants are not in a position to execute the decree passed as regards payment of mesne profits. By Order dated 19th July, 2005 passed by this Court in Civil Application No. 1434 of 2204, this Court permitted the Trial Court to hold an enquiry for determination of mesne profits and accordingly, now final order has been passed by the Trial Court. An appeal preferred by the Respondent against the said order is pending. Therefore, the issue of granting stay to the execution of the order determining the mesne profits will have to be dealt with by the Appellate Court before which the appeal is pending. 5. It is obvious that in view of subsequent order dated 19th July, 2005 passed by this Court, the order of stay passed by this court on 12th April, 2004 does not come in the way of applicants executing the order passed by the Trial Court regarding the mesne profits. However, the issue whether the Order granting mesne profits can be stayed or not is left open to be decided by the Appellate Court. 6. Subject to the clarification issued above, the application is rejected. (A.S. OKA, J)