1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.3453/2005 IN FIRST APPEAL NO.254/2005 Virtanaya Madhavrao Rajput and another. ..Applicants -VERSUS- Deepak Ramanlal Rajput and another. ..Respondents ......... Mr.M.H.A. Sayyed, Advocate for the applicants. Mr.P.R.Naidu, Advocate for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 02nd MARCH, 2009. P.C. : 1. By the present application, the applicants/plaintiffs are seeking direction against the respondents for deposit of an amount of Rs.8,000/- per month in this Court as the appellants are in use and occupation of the suit business. The blanket stay of execution of the decree under challenge was granted by this Court. Consequent upon grant of stay, even the mesne profit inquiry has been stayed. 2. The learned counsel for the applicants submits that either direction be issued against the respondents for deposit of the amount 2 or in the alternative, the stay order be modified so as to enable the applicants to file an application for determination of the mesne profit before the Trial Court, so that thereafter an appropriate order in regard to deposit of the amount can be passed. 3. The application is opposed by the learned counsel for the respondents. 4. I do not see any justification in staying that part of the order which goes to direct an inquiry into the mesne profit. Hence, in partial modification of the interim order granting stay to the execution, I permit the applicants to move an application for determination of the mesne profit before the Trial Court and the Trial Court shall determine the mesne profit in accordance with law after affording opportunity of hearing to all concerned. 5. The learned counsel for the applicants, in this view of the matter, does not press the present application and seeks liberty to approach this Court as and when the mesne profit is determined by the Trial Court. 6. In the result, the order passed by this Court granting stay stands modified to the extent that the judgment and decree appealed against shall remain stayed, however, the Trial Court shall be entitled to decide the application for determination of the mesne profit. 7. The application disposed of. JUDGE