Jabbar Khan vs Sunil
2022 Latest Caselaw 16667 MP

                                                                  1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 15 th OF DECEMBER, 2022
                                              SECOND APPEAL No. 2239 of 2022

                      BETWEEN:-
                      JABBAR KHAN S/O SHRI HIMMAT KHAN, AGED ABOUT 56
                      YEARS, OCCUPATION: LABOUR VILLAGE RAIPURA TEHSIL AND
                      DISTRICT BURHANPUR (M.P.) (MADHYA PRADESH)

                                                                                                .....APPELLANT
                      (BY SHRI SAKET AGRAWAL-ADVOCATE)

                      AND
                      SUNIL S/O SHRI PANDIT MAHAJAN, AGED ABOUT 45 YEARS,
                      VILLAGE RAIPURA TEHSIL AND DISTRICT BURHANPUR (M.P.)
                      (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                      (BY SHRI YOGESH MOHAN TIWARI-ADVOCATE )

                            This appeal coming on for admission this day, the court passed the following:
                                                              ORDER

This second appeal has been preferred by the appellant/defendant/licensee challenging the judgment and decree dated 17.03.2020 passed by III Additional District Judge, Burhanpur in regular civil appeal no.22/2019, confirming the judgment and decree dated 06.03.2019 passed by 1st Civil Judge Class-II, Burhanpur in civil suit no.82-A/2017, whereby suit filed by the respondent/plaintiff for declaration of title, mandatory injunction and mesne profit was decreed.

2. At the outset, learned counsel for the appellant prays for withdrawal of this second appeal with the submission that he may be granted two years time to vacate the suit premises. However, the learned Counsel for the respondent has consented to grant of time of 15 months only.

3. In view of the prayer made on behalf of the appellant for granting time to vacate the suit premises, in the interest of justice, 15 months time for vacating the suit premises is Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 12/16/2022 5:56:34 PM

granted on the following conditions :-

(i) The appellant/defendant shall vacate the suit premises on or before 31.03.2024.

(ii) The appellant/defendant shall clear all the dues, if any, including the costs of the litigation, if any, imposed by learned Courts below.

(iii) The appellant/defendant shall not part with the suit premises to anybody and shall not change nature of the suit premises.

(iv) The appellant/defendant shall furnish an undertaking with regard to the aforesaid conditions within a period of 3 weeks before the learned Court below/executing Court.

(v) If the defendant/appellant fails to comply with any of the aforesaid conditions, the respondent/plaintiff shall be free to execute the decree forthwith.

(vi) If after filing of the undertaking, the defendant /appellant does not vacate the suit premises on or before 31.03.2024 and creates any obstruction, he shall be liable to pay mesne profits of Rs.500/- per day, so also for contempt of order of this Court.

4. With the aforesaid observation, this second appeal is hereby dismissed and disposed off. No order as to costs.

5. Interim application(s), if any, shall stand disposed of.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 12/16/2022 5:56:34 PM