1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION S. NO.309/2011 IN SECOND APPEAL NO.152/2007 Indian Oil Corporation Limited ...Versus... Zilla Parishad, Nagpur through its Chief Executive Officer, Civil Lines, Nagpur Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri V.R. Thakur, Adv. for appellant] [Shri M.A. Sable, Adv. for respondent/applicant] CORAM : A.B. CHAUDHARI, J. DATED : 03.05.2011. Heard. It is not in dispute that the landlord-Zilla Parishad has given lease of the suit plot only for running petrol pump at a nominal lease money of Rs.100/- per month. However, it is pointed out by the Zilla Parishad that the petrol pump owner has been carrying out several other activities like running of P.C.O., xerox centre, servicing and repairing station of the vehicles and had intended to set up A.T.M.. According to Zilla Parishad, the petrol pump owner has done all these changes without permission of the landlord and is earning income from those activities. 2 Learned Counsel for the appellant  Corporation has stoutly denied all these allegations and submits that servicing and repairing station is an integral part of running petrol pump. He further submits that all other activities have not been carried out as alleged by the Zilla Parishad. Prima facie, it is seen that the land was leased out only for petrol pump. There is no dispute that servicing and repairing station is also being run but then that could not have been done without permission of landlord. Similar is the case with other activities, namely xerox centre and P.C.O. centre. It is thus clear that only on rent of Rs.100/- per month petrol pump owner is commercially exploiting the property of Zilla Parishad. In this view of the matter, the parties were put on notice that the Zilla Parishad could not be put to loss of income for the other activities carried out by the petrol pump owner. Proposal was given to both parties. Now, it is reported by the learned Counsel for both parties that they want to negotiate as to the mode and manner in which the landlord can be compensated for all the past years and for future for which the activities have been undertaken without giving any income to Zilla Parishad. 3 The fact remains that second appeal is admitted for final hearing and the issues arising therein cannot be touched unless appeal is finally heard. Hence, the parties are at liberty to negotiate on all the above questions including the period for which the activities are going on and the income earned by the petrol pump owner and the proposed compensation to be paid to Zilla Parishad for the extra activities. It is necessary also to have decision of the second appeal early since the litigation is pretty old. Paper book has already been filed. In that view of the matter, the parties are given liberty to negotiate and come to certain conclusion on the above aspect and report be filed accordingly on or before 30.06.2011. Hearing of the appeal is expedited. Parties are at liberty to apply for final hearing of the appeal itself after vacation. Civil Application stands disposed of in the above terms. No order as to costs. JUDGE ssw