Housing And Urban Development ... vs Deep Kumar Vishwakarma
2023 Latest Caselaw 1640 MP

                                                               1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      FA No. 1011 of 2011
                          (HOUSING AND URBAN DEVELOPMENT CORP. LTD. Vs DEEP KUMAR VISHWAKARMA AND OTHERS)

                         Dated : 30-01-2023
                               Shri Wajid Hyder, learned counsel for the appellant.

                               Shri J.L. Soni, learned counsel for respondent 1.

Heard on IA No.486/2023, which is an application on behalf of respondent 1 for issuance of direction to open the lock from the house in question.

Learned counsel for respondent 1 submits that in pursuance of the judgment and decree dated 04.08.2011 passed by 1st Additional District Judge, Chhindwara in civil suit no.5-A/2009 the respondent 1 has deposited entire decreetal amount along with interest in the executing court on 30.08.2012. This fact has not been disputed by learned counsel for the appellant.

Undisputedly, the respondent 1 is owner of the house in question and despite pendency of the first appeal, is out of possession. This Court vide order dated 25.02.2013 has on the application filed by the appellant already restrained the respondent 1 from alienating the suit property.

In view of the aforesaid, the IA No.486/2023 is allowed and the appellant is directed to open the locks from the suit property and permit the respondent 1 to occupy the same.

The appellant is directed to comply the order passed today by this Court within a period of 15 days, failing which the respondent 1 shall be at liberty to claim mesne profits at market rate.

With the aforesaid observation the IA no.486/2023 is allowed and disposed off.

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/1/2023 12:20:34 PM

Also heard on IA No.10225/2022, which is an application for final hearing at motion stage.

This application (IA No.10225/2022) is disposed off/closed with the direction to the Registry to list this case for final hearing as per its turn.

(DWARKA DHISH BANSAL) JUDGE

ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/1/2023 12:20:34 PM