1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4797 of 2010 Usha Malhotra ... Petitioner versus Ramprakash R. Khanna since deceased Bimlavati R. Khanna & ors. ... Respondents ... Mr.R.A.Thorat with Mr.P.D.Shelake for the petitioner. Mr.R.S.Tripathi and P.P. Prabhu for respondent no.1B CORAM : D.G. KARNIK, J. DATED : 23rd June 2010 P.C. 1. By this petition, petitioner challenges the order dated 26th March 2010 passed by the appellate Bench of the Small Causes Court, Mumbai directing the appellant to deposit interim mesne profits @ Rs.10/- per sq.ft. p.m. as a condition of stay of execution of the decree for possession forming subject matter of the appeal. 2. The suit premises are commercial premises and the petitioner is a tenant therein. The decree for possession has been passed against him. In an application for stay of extension pending appeal, the appellate Court has imposed a condition of depositing the amount as aforesaid as 2 interim compensation. In Atma Ram Properties vs. Federal Motors (P) Ltd. (2005)1 SCC 705, it has been held by the Hon’ble Supreme Court that the appellate Court can direct payment of interim compensatory/mesne profits at the stage of considering any request stay of decree for possession. The only question that requires to be considered is whether Rs.10/- per.sq.ft p.m. is the reasonable order of interim compensation/mesne profits. 3. It may be noted that the respondent had earlier filed another suit for possession against the petitioner on a different ground. That suit was decreed. In an appeal against that decree, the High Court directed payment of mesne profits at Rs.15,000/- per month. In an appeal before the Hon’ble Supreme Court against that order, the Hon’ble Supreme Court directed payment of interim compensation/mesne profits @ Rs.10/- per sq.ft.p.m. Since the Hon’ble Supreme Court in the previous proceeding had determined the interim compensation/mesne profits @ Rs.10/- per sq.ft.p.m, in my view, the lower appellate court committed no error in fixing the interim compensation/mesne profits at the same rate as a condition for stay of the execution of decree for possession. There is no merit in the petition which is hereby rejected summarily. 4. Time for payment of the interim compensation/mesne profits is extended by four weeks from today. (D.G. KARNIK,J.)