- (1.) The Court : The plaintiffs have filed the present application seeking clarification of a judgment dated January 14, 2015 resulting in a decree in the suit.
(2.) It is submitted on behalf of the plaintiffs that the application has been necessitated due to an observation made by the Special Referee in the fifth meeting held on May 12, 2015. The Special Referee has stated in such minutes that he is of the view that, a clarification is required to be made by the Hon'ble Court as to whether any enquiry for ascertainment of mesne profit should be gone into for the simple reason that the plaintiff has limited its future mesne profit at the rate of Rs.1,000/ - per diem. According to him, it is so necessary as the plaintiff in the statement of claim filed before him has made a claim on the basis of square feet and occupation charges beginning from Rs.24,60,000/ - per month to crores of rupees per month.
(3.) Learned Senior Advocate appearing on behalf of the defendant submits that, the judgment dated January 14,2015 resulting in a decree in the suit is clear. No clarification is required. The direction is on the Special Referee to quantify the mesne profit receivable by the plaintiff from the defendant in terms of the Code of Civil Procedure, 1908. The Special Referee should do so on the basis of the pleadings and the evidence led before him and in accordance with law.;