Mohan Lal vs Young Mans Christian Association
2022 Latest Caselaw 13917 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                             BEFORE
                                           HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                     ON THE 28th OF OCTOBER, 2022

                                                 SECOND APPEAL No. 881 of 2021

                                   BETWEEN:-
                                   MOHAN LAL S/O LATE GANESHI, AGED ABOUT
                                   72 YEARS, OCCUPATION: FORMAR EMPLOYEE
                                   Y.M.C.A. QUEENS ROAD, CANTT. DISTRICT
                                   JABLPUR M.P (MADHYA PRADESH)

                                                                                            .....APPELLANT
                                   (BY SHRI RAKESH PANDEY-ADVOCATE)

                                   AND
                                   YOUNG MANS CHRISTIAN ASSOCIATION
                                   THROUGH GENERAL SECRETARY RAMESH PAL
                                   S/O LT.B. LAL AGED ABOUT 55 YRS. R/O 2
                                   QUEENS ROAD, CANTT. DISSTT. JABALPUR M.P.
                                   (MADHYA PRADESH)

                                                                                         .....RESPONDENTS


                                 Th is appeal coming on for hearing         this day, th e court passed the
                           following:
                                                                ORDER

This second appeal has been preferred by appellant/defendant

challenging the judgment and decree dated 19.03.2021 passed by 29th Additional District Judge, Jabalpur in RCA No.32/2020 confirming the judgment

and decree dated 24.12.2019 passed by 22nd Civil Judge, Class-I, Jabalpur in Civil Suit No.70-A/2015 whereby suit for ejectment of the appellant/defendant from the suit premises has been decreed along with mesne profits.

2. After arguing at length, learned counsel for the appellant/defendant submits that he is ready to withdraw the second appeal but looking to the age of Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/29/2022 12:58:11 PM

the appellant so also to the fact that he was employee of the respondent/plaintiff, one year time to vacate the suit premises may be given.

3. Prayer being reasonable is accepted and in the interest of justice, 6 months' time is granted to the appellant/defendant to vacate the suit premises on the following conditions:-

(i) The appellant/defendant shall vacate the suit premises on or before 30.04.2023.

(ii) The appellant/defendant shall regularly pay amount of mesne profits to the respondent/plaintiff and shall also 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 from today before 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 premises on or before 30.04.2023 and creates any obstruction, he shall be liable for contempt of order of this Court.

4. With the aforesaid observations, this second appeal is dismissed as withdrawn and disposed off. However, no order as to costs.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/29/2022 12:58:11 PM

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/29/2022 12:58:11 PM