1 12.cas884.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 884 OF 2010 IN SECOND APPEAL NO. 45 OF 2008 Smt. Kulsum Fattu Warunkar & ors. ....Applicants. Vs. Mr. Ismail Noormohamad Warunkar ....Respondent. Mr. Vilas Tapkir, Advocate for Applicants. Mr. Mahesh Rawool h/f. Mr. P.B. Shah, Advocate for Respondent. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 27, 2011 P.C. 1. Application is by original Plaintiff whose Suit was decreed but the Decree is reversed in Appeal and the Suit is dismissed. Hence no question of determination of interim compensation arises. The Civil Application is dismissed. It is needless to state that if the Applicants succeed and a decree for possession is passed and enquiry into mesne profits is ordered, the Applicant will be entitled to recovery of the mesne profits alongwith interest as and when the 2 12.cas884.10 same are determined. 2. On account of dismissal of the Civil Application, with the aforesaid clarifications, the amount of Rs. 25,000/­, which has been deposited by the Respondent pursuant to the interim order dated 3/12/2010 passed in this Civil Application shall be refunded to the Respondent. (GIRISH GODBOLE, J)