ALTAMAS KABIR, CYRIAC JOSEPH
Union of India – Appellant
Versus
Raja Mohammed Amir Mohammad Khan – Respondent
JUDGMENT
Altamas Kabir, J. —
1. These two I.A. Nos.47 and 48 of 2008 have been filed on behalf of the Respondent in connection with Contempt Petition No.87 of 2006 filed in Civil Appeal No.2501 of 2002, inter alia, for a direction upon the Union of India, and the Custodian of Enemy Property to release to the Respondent a sum of Rs.1,77,38,828.11, being held by the said Custodian on account of the Estate of the Raja of Mahmudabad.
2. It may be recalled that in Writ Petition No.1524 of 1977 filed by the applicant herein, Raja Mohammed Amir Mohammad Khan, (Raja MAM Khan for short), the Bombay High Court, while allowing the writ petition, had directed the return of the properties of the Raja of Mahmudabad to the applicant. The decision of the Bombay High Court was challenged by the Union of India in this Court in Civil Appeal No.2501 of 2002, which was disposed of on 21.10.2005, inter alia, with the following directions :
“The High Court had refused to grant the mesne profits to the respondents, against the aforesaid finding no appeal has been filed by the respondent. Since no appeal has been filed, the appellants are not entitled to the mesne profits till the passing of the interim ord
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