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 intere