DINESH MEHTA,J. - (1.) I.A. No.1/2020 in S.B. Civil Writ Petition No.86/2017: I.A. No.1/2020 in S.B. Civil Writ Petition No.87/2017: 1. The present applications have been preferred by the Legal Representative of deceased-appellant (Mohd. Kamil) who has passed away on 20.12.2019.
(2.) Mr. M.A. Siddiqui, learned counsel appearing for the applicant submitted that while finding a prima facie case in the appellant's favour and considering that substantial question of law is involved, during the pendency of the second appeal, this Court vide order dated 24.04.2019, stayed the eviction of petitioner subject to following conditions:- "(i) The appellant(s) shall deposit the arrears of rent upto the date of decree, as ordered by the trial Court by 31.05.2019. (ii). For the period between 01.04.2014 and 30.04.2019, the appellant(s) shall pay a mesne profit of Rs. 8,000/- per month, on or before 31.08.2019. (iii) For the period subsequent thereto i.e. from 01.05.2019, the appellant(s) shall pay mesne profit of Rs.20,000/- per month for retaining possession of the disputed premises.
(3.) Mr. M.A. Siddiqui, learned counsel for the applicant submitted that the petitioner was suffering from cancer and hence, could not comply with the aforesaid conditions. He further submitted that the appellant ultimately passed away on 20.12.2019.;