Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15557 OF 2024 IN CIVIL REVISION APPLICATION NO. 98 OF 2021

1. State Bank of India a Statutory Corporation incorporated under the State Bank of India Act, 1955.

Having its Corporate Office at State Bank Bhavan, M.C. Road, Nariman Point, Mumbai – 400 021.

2. State Bank of India Quarters Irla Society, Near Velankani Church, Vile Parle (West), Mumbai – 400 057. ..Applicants In the matter between 1. State Bank of India a Statutory Corporation incorporated under the State Bank of India Act, 1955.

Having its Corporate Office at State Bank Bhavan, M.C. Road, Nariman Point, Mumbai – 400 021.

2. State Bank of India Quarters Irla Society, Near Velankani Church, ARUN RAMCHANDRA Vile Parle (West), SANKPAL Mumbai – 400 057. ..Applicants Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2025.09.25 Versus

20:08:06 +0530 Amum Builders a Partnership Firm, having its Office at 256, LT Marg, Opposite Commissioner’s Office, Mumbai – 400 002 …Respondent Adv Sonal, with Hritika Shroff and Pranay Patil, i/b Ankit R. Tripathi, for the Applicants.

Mr. Mayur Khandeparkar, i/b Neel Gala, for the Respondent.

CORAM: N. J. JAMADAR, J.

DATED : 25^th SEPTEMBER 2025 ORDER:

1. This Application is preferred to stay the effect, operation and implementation of the Mesne Profits Petition No. 3 of 2021 pending before the Court of Small Causes at Bandra, Mumbai, arising out of the judgment and decree passed by the Appellate Bench of the Court of Small Causes in Appeal No. 12 of 2016 in T.E. & R. Suit No. 14/23 of

2008.

2. The Applicants are the tenants in respect of the Suit premises. The Respondent-landlord instituted the Suit i.e., T. E. & R. Suit No. 14/23 of 2008 to regain the possession of the land situated at Irla Society, Vile Parle (W), Mumbai (“the Suit property”). The Trial Court dismissed the Suit by a judgment and decree dated 2^nd May 2016.

3. In Appeal No. 12 of 2016, preferred by the Respondents, the Appellate Bench partly allowed the Appeal and directed the Applicants to handover vacant possession of the Suit premises.

4. Being aggrieved, the Applicants preferred Civil Revision Application No. 98 of 2021. By an order dated 21^st July 2023, this Court passed ad-interim relief in terms of prayer clause (b) in the Civil Revision Application, which reads as under:

“b) That pending the hearing and final disposal of this Civil Revision Application, this Hon’ble Court be pleased to stay the effect, operation and implementation of the Judgment and Decree dated 26.02.2021 passed by the Appellate Bench of the Hon’ble Small Causes Court in Appeal No. 12 of 2016 in T.E. & R Suit No. 14/23 of 2008.”

5. By a further order dated 28^th November 2023, this Court directed the Applicants to deposit interim compensation @ Rs.5,50,000/- per month with effect from 1^st December 2007 and continue to deposit the interim compensation at the said rate on or before the 15^th day of each month.

6. Pursuant to the decree passed by the Appellate Court, the Respondent-Plaintiff had filed Mesne Profits Petition No. 3 of 2021. On 21^st October 2024, the Applicants filed an Application to stay the proceeding in Mesne Profits Petition No. 3 of 2021 till the final disposal of Civil Revision Application as this Court has stayed the execution, operation and implementation of the decree by orders dated 21^st July

2023 and 28^th November 2023.

7. By the impugned order dated 21^st October 2024, the learned Judge, Court of Small Causes rejected the Application observing that there was no stay to the proceedings in Mesne Profits Petition No. 3 of

2021.

8. Being aggrieved, the Applicants have taken out this Application in Revision Application No. 98 of 2021.

9. An Affidavit in Reply is filed on behalf of the Respondent-Plaintiff resisting the prayers in the Application. The substance of the resistance put-forth by the Respondent is that the enquiry for determination of mesne profit cannot be stayed as it is considered