Bhavnaben Murlidhar @ Mayurbhai ... vs Jayantilal Tejaji Nagar
2021 Latest Caselaw 1535 Guj

Citation : 2021 Latest Caselaw 1535 Guj
Judgement Date : 2 February, 2021

Gujarat High Court

Bhavnaben Murlidhar @ Mayurbhai ... vs Jayantilal Tejaji Nagar on 2 February, 2021

Bench: Vipul M. Pancholi

         C/FA/2434/2020                                         IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


       MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2020
                                 In
                   CIVIL APPLICATION NO.1 OF 2020
                                 IN
                   R/FIRST APPEAL NO. 2434 of 2020
==========================================================

JAYANTILAL TEJAJI NAGAR Versus BHAVNABEN MURLIDHAR @ MAYURBHAI NAGAR ========================================================== Appearance:

MR MEHUL SHAH, SENIOR ADVOCATE WITH ARPIT P PATEL for the PETITIONER(s) No. MR HARSHADRAY A DAVE for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 02/02/2021

IA ORDER

This Civil Application is filed for modification of order dated 27.11.2020 passed by this Court in Civil Application No.1 of 2020 in First Appeal No.2434 of 2020. It is further prayed in the Civil Application that the original appellants be directed to make the payment of mesne profit as ordered by the trial Court in its judgment and decree dated 6.8.2020 passed in Civil Suit No.1221 of 2014.

Heard learned senior advocate Mr.Mehul Shah assisted by learned advocate Mr.Patel appearing for the applicant-original respondent

C/FA/2434/2020 IA ORDER

and learned advocate Mr.Dave for the present opponents-original appellants.

I have considered the averments made in this application. I have also considered the submissions canvassed by learned counsel appearing for the parties.

In the facts of the present case, the order dated 27.11.2020 passed by this Court in Civil Application No.1 of 2020 is required to be modified. The opponents are directed to deposit the amount of mesne profit as ordered by the trial Court in its judgment and decree dated 6.8.2020 passed in Civil Suit No.1221 of 2014 and calculated upto 27.11.2020, within a period of three months from today. Accordingly, the order dated 27.11.2020 is modified to the aforesaid extent. Learned advocates of the parties requested that this matter be kept after three months. Stand over to 4.5.2021.

(VIPUL M. PANCHOLI, J) SRILATHA