1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 960 OF 2010. MRS. ROOPDEVI JINENDRA KUMAR NAHAR -: versus :- MR. RAJENDRA LUNKARAN KOTHARI Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Rajnish Vyas, Advocate for Petitioner. Shri S.R.Khati, Advocate for Respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 26, 2010. 1. Heard Shri Vyas, learned Advocate for the petitioner and Shri Khati, learned Advocate for the respondent. 2. The petitioner/ owner, whose Mesne-profit Case No.3/2008 has been stayed by 5th Joint Civil Judge Senior Division, Nagpur because First Appeal No.460/2008 is admitted by this Court. 3. Advocate Shri Vyas contends that this Court has granted stay of possession only & such quantum of mesne-profit could have been ascertained and mesne- profit case could have proceeded further. 2 4. Advocate Shri Khati appearing for respondent sole is stated to be not available. However, considering the nature of controversy request of adjournment made on his behalf by Advocate Shri Pankaj Barbate is rejected. 5. When this Court has granted stay only of possession, it is apparent that the trial Court ought to have proceeded further with determination of mesne- profit in accordance with law. Impugned order dated 05.09.2009 is, therefore, quashed and set aside. The trial Court shall proceed further with Mesne Profit Case No. 3 of 2008 in accordance with law. 6. The petition is, therefore, disposed of. No costs. JUDGE RR