Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 2(12) & 115---Entitlement to mesne profits---Extent---Plaintiff's suit as owner in possession of property in question, dismissed by Trial Court and First Appellate Court---High Court in second appeal, granted plaintiff status quo order, subject to furnishing security which was later confirmed on furnishing of same---Ultimately plaintiffs second appeal was dismissed whereupon defendant claimed "mesne profits" for a period during which status quo order had remained in field---Trial Court accepted plaintiff's claim to the extent of the amount of which the security bond was executed by the plaintiff on the satisfaction of the Trial Court as ordered by High Court---Validity of order---High Court had granted status quo order, subject to furnishing of security to satisfaction of Trial Court and nothing more, nor less --- Trial Court directed plaintiffs to furnish security pursuant to High Court order in the sum of specified amount which was furnished by them --- Security was to be furnished to the satisfaction of Trial Court, who when passed such order, was not objected to by defendants neither at the time of execution of surety bond nor thereafter during pendency of second appeal --- Trial Court's order directing payment of mesne profits to the extent of specified amount did not suffer from any illegality or material irregularity--­Mesne profits though claimed at a very high figure were restricted to the amount secured by the security bond furnished by plaintiffs in the circumstances of the case. JUDGMENT Muhammad Ali, predecessor-in-interest of Mulazim Hussain and four others, respondents, filed a suit for declaration that he was owner in possession of the land measuring 39 Kanals and 9 Marlas situate in Village Alamdi Soora,. Teshil Multan, against Noor. Muhammad, petitioner, before Senior Civil Judge, Multan. The suit was dismissed on 5-11-1972. Feeling aggrieved thereby, Muhammad Ali filed an appeal which was dismissed on 19-10-1976. Mulazim Hussain and others, petitioners, the successor-in-interest of Muhammad Ali, riled regular second appeal No. 818176 against the judgment and decree. dated 19-10-1976 of the…

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