sa134.92 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 5 SECOND APPEAL NO. 134 OF 1992 Hindusthan Petroleum Corporation and others. VERSUS Fakruddin Haidarali Ambawala. ... Advocate for Appellant : Mrs. C.S. Deshmukh Advocate for Respondents : Mr. Adv. S.P. Sonpawale WITH CIVIL APPLICATION NO. 2030 OF 2006 IN SA/134/1992 WITH CIVIL APPLICATION NO. 2649 OF 2005 IN SA/134/1992 WITH CIVIL APPLICATION NO. 11671 OF 2003 IN SA/134/1992 WITH CIVIL APPLICATION NO. 2936 OF 1993 IN SA/134/1992 WITH CIVIL APPLICATION NO. 3530 OF 2022 IN SA/134/1992 ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 31st AUGUST, 2026 PER COURT :- 1. This appeal is preferred against the judgment and decree dated 02.11.1991 passed by the learned Additional District Judge, Aurangabad, in Regular Civil Appeal No. 244 of 1989. The said Regular Civil Appeal was preferred against the judgment and decree dated 19.08.1989 passed by the learned Joint Civil Judge, Junior 2026:BHC-AUG:39744 sa134.92 -2- Division, Aurangabad in Regular Civil Suit No. 587 of 1983. 2. The admitted facts in this case are that the respondent had filed suit for recovery of possession of the land being a part plot No. old 1919 and new 5-5-88, having CTS No.14453, which was given on lease to the appellants. The suit was dismissed. The appeal was allowed against which this second appeal is preferred. 3. The compensation as well as the future mesne profit were also awarded. During pendency of this appeal, the suit property was acquired by the Central Government and it is handed over by constructive possession to the appellants. 4. This court, by order dated 15.12.1992, while deciding the application for granting stay, directed the appellants to pay an amount of Rs.5000/- per month towards compensation and future mesne profit. The S.L.A.O. has passed the final award and the compensation is determined and some amount out of that as per the final award of S.L.A.O. is received. 5. After hearing both sides, this Court is of the view that this appeal becomes infructuous and even the decree passed by the first appellate court also become infructuous to the extent of handing over sa134.92 -3- of the possession as decreed by the trial court. However, the respondent-original plaintiff has every right to recover the amount as per the impugned judgment and decree in the execution proceedings. It is submitted that the plaintiff has right to file the suit for compensation as he was deprived from the fruits of the said disputed property. 6. Considering all these aspects the appeal becomes infructuous and therefore, it is disposed of. 7. It is clarified that till the date of taking constructive possession of the property, the plaintiff is entitled for the mesne profit. For that purpose, the final award passed by the S.L.A.O. or other documents are relevant which can be considered by the executing court while determining the amount. 8. All pending civil applications are also disposed of. (SANJAY A. DESHMUKH, J.) rlj/