ORDER :

1. Matter comes up for final orders on stay petition.

Learned counsel for the appellant prays for confirmation of the interim order dated 13.12.2018 till the final disposal of the appeal and learned counsel for the respondent prays for vacation of the same & rejection of the stay petition. In the alternate, prayer for grant of ‘mesne profit’ in the eventuality of the interim order being confirmed, has been made.

2. Learned counsel for the appellant submitted that the interim order dated 13.12.2018 deserves to be confirmed till final disposal of the present appeal as firstly, it is an admitted fact that a revenue suit for partition is pending between the appellant and his family members and till the share of the defendant-appellant is determined, possession cannot be transferred to the plaintiff. She submitted that until the partition is made by metes and bounds, the appellant-defendant cannot be directed to handover the possession and in support of her submission, relied upon the judgment passed by the Hon’ble Apex Court in the case of Ramdas vs. Sitabhai, (2009) 7 SCC 444.

3. Regarding the prayer for mesne profit as made by the respondents, learned counsel for the appellant, w