PRAKASH GUPTA,J. - (1.) The matter has come up on an application filed by the respondents-plaintiffs under section 151 CPC. for grant of mesne profit @ Rs. 90,000/- per year for the use and occupation of the disputed property which includes land and building.
(2.) Briefly, stated the facts of the case are that the respondents-plaintiffs instituted a civil suit for partition, possession of the property in dispute and for grant of injunction. The trial court vide judgment dated 30th April, 2008 decreed the suit of the respondents-plaintiffs and directed to prepare preliminary decree for partition and restrained the appellants-defendants from raising further construction over the disputed property. Civil Regular Appeal filed by the appellants-defendants in the appellate court below came to be dismissed vide judgment and decree dated 13th May,2014. Against which the appellants-defendants have preferred the present second appeal.
(3.) This Court vide order dated 9th October, 2014 admitted the appeal on the substantial questions of law formulated thereunder and simultaneously, passed a stay order directing the parties to maintain status quo as regards possession and alienation or creating third party interest in the property. However, the trial court has been permitted to prepare final decree but execution of the same has been stayed till final disposal of the appeal with liberty to the respondents to file any application as may be permissible under the law.;