CMP/13733/2020
2021 Latest Caselaw 2377 HP

CMP No. 13733 of 2020 in RSA No. 403 of 2005

22.3.2021 Present: Mr. Romesh Verma, Advocate, for the applicants/respondents/plaintiffs.

.

Mr. Ramakant Sharma, Senior Advocate with Ms.

Basant Pal Thakur, Advocate, for the non-

applicants/appellants/defendants.

By way of instant application, prayer has been made

on behalf of the applicants/respondents/plaintiffs for release of

amount of mesne profit lying deposited in the Registry of this Court.

Learned counsel for the non-applicants fairly states that in view of the

amicable settlement arrived inter-se parties before the learned court

below, nothing remains to be adjudicated in the present suit and as

such, non-applicants/appellants shall have no objection in case

prayer made in the instant application for release of mesne profits to

the extent of 2/3rd share is accepted.

Having heard learned counsel for the parties and

perused material available on record, this Court finds that vide

judgment dated 24.7.2017, passed by this Court in RSA No. 403 of

2005, main suit having been filed by the

applicants/respondents/plaintiffs came to be remanded to the

learned first appellate court below with a direction to decide the

same afresh. However, fact remains that during the pendency of the

case before the court below, parties have entered into amicable

settlement and as such, vide judgment dated 10.8.2017, suit having

been filed by the applicants/respondents-plaintiffs has been ordered

to be decreed as compromised in terms of terms and conditions

contained in the aforesaid judgment passed by the learned first

appellate court. As per the aforesaid agreement, parties have

agreed inter-se them for release of 2/3rd share of the mesne profit

lying deposited in this Court in favour of the applicants/respondents-

plaintiffs and 1/3rd share in favour of the non-applicants/defendants

and as such, applicants/respondents/plaintiffs have approached this

Court in the instant application, praying therein for release of amount

.

of mesne profit lying deposited in the Registry of this court. At this

stage, learned counsel for the applicants/respondents/plaintiffs have

invited attention of this court to the order dated 31.10.2018, passed in

CMP No. 9954 of 2018, whereby 1/3rd amount towards mesne profit

lying deposited in the Registry of this Court has been already ordered

to be

released

applicants/appellants/defendants.

                        Consequently,
                                        in



                                             in
                                                   favour



                                                  view     of
                                                                  of



                                                                the
                                                                            the



                                                                       above,
                                                                                       non-



                                                                                   present

application is allowed and entire amount lying deposited in the

Registry of this court on account of mesne profits is ordered to be

released in favour of the applicants/respondents/plaintiffs, by

remitting the same in their saving bank accounts strictly as per their

shares, detail whereof is mentioned in para-7 of the application,

subject to verification by the Accounts Branch. Application stands

disposed of.

    22nd March, 2021                                      (Sandeep Sharma),
          manjit                                                Judge