ORDER

IA No.3 in CA No. 8017 of 2002

1. The application is allowed and the appeal dismissed as withdrawn in terms of the signed order.

CA No. 7478 of 2004 (Prayer for interim relief)

2. A decree for eviction passed against the appellant in favour of the respondents, in a suit based on landlord-tenant relationship is under appeal and the execution of the decree has been directed to remain stayed by this Court. The matter is listed for directions for appointing interim rate of mesne profits which the appellant should pay to the respondents as a condition for the operation of the stay.

3. Both the parties have filed material supported by affidavits to enable the Court to form a tentative opinion on the quantum of mesne profits. Site plans and photographs showing the location of the property have also been filed. The rate of rent at which the appellant has been enjoying the property in terms of the lease was Rs 2.11 p. per sq ft since 1968. The tenanted premises are non-residential bearing Shops Nos. 5 and 6, Bada Manzil, Bibijan Street, 67/69, Mohammed Ali Road, Mumbai. There is some dispute about the exact measurement of the area of the premises in occupation of the appellant tenant.