: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.636 OF 2009 IN SECOND APPEAL NO.1050 OF 2004 Tukaram Khashaba Borge .. Applicant V/s. Pralhad Mahadeo Arbune .. Respondent ..... Mr. A.M. Kulkarni for the applicant Mr. S.S. Kanetkar for the respondent ..... CORAM : R.Y. GANOO, J. DATE : 17TH JUNE, 2009. P.C. : 1. Rule. 2. Learned advocate Mr. Kanetkar appearing for the respondent waives service. By consent taken up for hearing. 3. The argument was advanced by learned advocate for the appellant should be ordered to pay Rs.350/- per : 2 : month which were ordered by way of mesne profit. In my view, mesne profit cannot be ordered to be deposited when the entire decree is challenged. In that view of the matter, order in terms of prayer clauses (b) and (c) cannot be granted. However, prayer clause (d) which speaks of early hearing can be granted. Hence, the order. ORDER . Civil Application is rejected so far as prayer clauses (b) and (c). Prayer clause (d) is granted. Second Appeal is fixed for hearing in the week commencing from 10 th August, 2009. . Appellant to prepare private paper book and submit it on or before 2 nd August, 2009 in the office. Serve copy to the other side. . Civil Application is disposed of in above terms with no order as to costs. (R.Y. Ganoo, J.)