HEERA TRADERS Vs. KAMLA JAIN

JUDGEMENT

(1.) Heard on LA. No.8096/2014, an application for grant of stay and LA. No.2485/2015, an application for appropriate direction/reply to application under Order 41 Rule 5 of the Code of Civil Procedure.

(2.) Learned counsel for the respondents has vehemently urged that the suit shop is situated at 16-B in New Market, Bhopal and its area is 150 square feet.

(3.) On the other hand, learned Senior Counsel vehemently opposing the contentions raised on behalf of the respondent, submitted that earlier no application was filed by the respondent for grant of mesne profit as claimed by her at this stage. Thus, the same would tantamount to modification of the interim order. Claim for mesne profit is beyond the pleading. Learned senior counsel has placed reliance in paragraph 12 of the decision in the case of Bhupendra Kant Bhardwaj v. Rameshchandra Goyal, 2014 (2) MPLJ 286 as well as in the cases of Jamnalal v. Radheshyam, (2000) 4 SCC 380; and Niyas Ahmad Khan v. Mahmood Rahmat Ullah Khan and Another, (2008) 7 SCC 539.