: 1 : nms-3998-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3998 OF 2009 IN SUIT NO. 3766 OF 1989 Ullal Vinayaka araaghavendra Nayak .. Plaintiff v/s. Christoper Lopez & Ors. .. Defendants ......... Mr. Mohan P. Pawar for the plaintiff Mr. Rupesh Lanjekar i/b A.G. Damle for the defendant ......... CORAM : R.Y.GANOO, J DATE : 18th AUGUST, 2011. P.C. : 1. Heard learned Counsel on both sides. 2. According to plaintiff, defendant no.1 has committed trespass in regard to the suit flat and that is how possession of the suit flat is sought as and by way of main prayer. Plaintiff : 2 : nms-3998-09=.sxw has taken out this notice of motion seeking an order against defendant no.1 so as to recover from defendant no.1 a sum of Rs.70 lakhs by way of compensation for the wrongful use of the suit flat from July, 1986 to 31st October, 2009 @ Rs. 25,000/- per month along with interest at the rate of 18% per annum. 2. After having heard Counsel on both sides, I am inclined to observe that the claim of the plaintiff for aforesaid amount cannot be entertained right now. If the plaintiff succeeds, he would be able to ask for mesne profit and that will be decided on merits. In my view, request during the pendency of the suit for the amount to be paid by defendant no.1 is misconceived, it cannot be granted. Motion is dismissed with no order as to costs. Suit to come up for hearing in usual course. (R.Y.GANOO, J.)