1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.907 OF 2007 APPEAL NO.907 OF 2007 APPEAL NO.907 OF 2007 Pandurang Ishwar Khamkar & Anr. : Appellants. versus Venkatesh Ramchandra Hasbnis : Respondent None for the appellants. Mr.G.N.Salunkhe for the respondent CORAM CORAM CORAM : R.M.SAVANT, J. : R.M.SAVANT, J. : R.M.SAVANT, J. DATED DATED DATED : JULY 09, 2008. : JULY 09, 2008. : JULY 09, 2008. P.C. P.C. P.C. 1. When this Appeal was called out in the Morning Session, none appeared for the Appellants. Learned counsel Mr.G.N.Salukhe appeared for the Respondent. The Appeal was, therefore, kept back. Again it was called out in the Afternoon Session, but none appeared for the Appellants. I have proceeded to decide the Appeal, after hearing Mr.G.N.Salukhe, the learned counsel for the Respondent. 2 2. By the above Second Appeal the Appellants challenge the judgment and decree dated 27.06.2007 passed by the Ad-hoc District Judge-I, Islampur in Regular Civil Appeal No.648 of 1999. The said Appeal arose on account of the judgment and decree dated 10.10.1996 in respect of mesne profit passed in Decree Final Case No.6 of 1992. 3. The Respondent herein is the original Plaintiff who had instituted a suit being Regular Civil Suit No.46 of 1981 for redemption of mortgage and possession in respect of the land involved in the said suit. In terms of clause 5 of the decree, future mesne profits were directed to be calculated by directing a separate inquiry under Order XX, Rule 12(1) of the Code of Civil Procedure. Accordingly, the Decree Final Case was instituted in respect of mesne profits by the Respondent herein. By the judgment and order dated 10.10.1996 the Appellants herein were directed to pay the mesne profits calculated at Rs.22,000/- in two quarterly instalments. 4. Being aggrieved by the said judgment and 3 decree dated 10.10.1996, the Appellants herein preferred an appeal being Regular Civil Appeal No.648 of 1999 before the District Judge, Islampur. The Appellate Court did not deem it fit to interfere with the decree of mesne profits passed by the Lower Court. 5. In my view, considering the findings recorded by the Court below, no substantial question of law arises for consideration in the Second Appeal. The Second Appeal is accordingly dismissed. [R.M.SAVANT, [R.M.SAVANT, [R.M.SAVANT, J] J] J]