1 RPC 10-10 JUDGMENT Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.10 OF 2010 IN CIVIL REVISION APPLICATION NO.587 OF 2009 Tirthaali Gopalkrishna Prabhu ..Applicant V/s. Maharaj Singhji Mehta ..Respondent Mr.G.S.Godbole i/b.Mr.Drupad S. Patil & Mrs.Jai Kanade, Advocate, for the Applicant Ruben Fernandes i/b.Mr.J.P.Sen with Mr.Vishal Seth, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 8TH SEPTEMBER, 2010 P.C. . This is an application for review of order passed on 7th July, 2010, in Civil Revision Application No.587 of 2009 confirming ad-interim relief on the condition of applicant's depositing Rs.7,100/- per month (with increase of 10% p.a.) from the date of decree during the pendency of the revision application. 2 RPC 10-10 JUDGMENT 2. The learned Counsel for the applicant submitted that an interim order was passed by the appellate bench of Small Causes Court directing the applicant to pay only at the rate of Rs.232/- per month and till the appeal was decided, the applicant would be liable to pay only at that rate. He submitted that even interim orders operate as res judicata; and for this purpose relied on Judgment of Supreme Court in Y.B.Patil and others v. Y.L.Patil, reported at AIR 1977 SUPREME COURT 392. 3. The learned Counsel for the Respondent has serious objection to tenability of review as also the arguments canvassed. 4. The order of which review is sought is only an interim order. Eventually if the decree is maintained applicant will have to pay such mesne profits as may be fixed. The amount of Rs.7,100/- was fixed only because even according to applicant's valuer the 3 RPC 10-10 JUDGMENT property ought to fetch rent of Rs.7,060/- per month. Even so, considering that the applicant is a pensioner dependent upon pension and returns from his investments, in order to prevent his being non suited for failure to pay amounts ordered the following order is passed. (i) Interim order dated 7th July, 2010 is modified. (ii) Instead of amount of Rs.7,100/- from the date of decree, the applicant may deposit amount which was ordered by the Appellate Bench of the Small Causes Court by order dated 17th April, 2008 till the appeal was disposed of and from that date onwards the applicant will have to pay Rs.7,100/- per month as ordered by this Court. The amount already deposited pursuant to order of this Court need not be disturbed. (iii) It is clarified that all these amounts would be eventually adjusted towards such 4 RPC 10-10 JUDGMENT decree of mesne profit that may be passed. It is also clarified that order dated 17th April, 2008 passed by the Appellate Bench or order dated 21st January, 2009 are all interim orders and while calculating mesne profit these orders will have absolutely no value. (R.C.CHAVAN, J.)