Smt. Sakun Bai vs Chandramohan Patel (Dead) ...
2023 Latest Caselaw 9641 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        FA No. 432 of 2021
                           (SMT. SAKUN BAI Vs CHANDRAMOHAN PATEL (DEAD) THROUGH LRS SMT.MANTI BAI AND OTHERS)

                          Dated : 26-06-2023
                                Shri Puneet Chaturvedi - Advocate with Shri Abhay Singh Kushwaha -

                          Advocate for the appellant.
                                Shri S. K. Tripathi - Advocate for the respondents.

Heard on IA No.6981/2022 filed by the respondents for vacating the order of status quo passed by this court vide order dated 14.12.2021.

Learned counsel for the respondents / plaintiffs had filed a suit for declaration, injunction, possession and mesne profit. The trial court has decreed the suit by observing that The appellant/ defendant has filed the present appeal questioning the judgment and decree. This court vide order dated 14.12.2021 directed that status quo as it exists today shall be maintained by the parties till the next date of hearing.

Thereafter, the respondents / plaintiffs have filed an application bearing IA No.6981/2022 for vacating the status quo order dated 14.12.2021,

contending that the impugned judgment and decree is a money decree, therefore, no status quo order can be passed.

Per contra, learned counsel for the appellant / defendant has submitted that it is not a money decree. It is a decree of possession in which the trial Court has directed for payment of mesne profit. Further contention is that in case he succeeds in the matter then the respondents / plaintiffs would not be entitled for any relief that is why this Court has passed status quo.

No doubt, status quo order has been passed by this Court after minutely Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/26/2023 5:09:09 PM

reading impugned judgment and decree. It has become crystal clear like day light that it is not a money decree and it is for mesne profit. Mesne profit are always dependent on final relief which the Court ultimately may grant or may not grant. Therefore, status quo as prayed by the appellant in his application, covers the payment of mesne profit because natural consequences of the execution of mesne profit would be possession which may disturb the status quo order. The application bearing IA No.6981/2022 sans merit. Hence, it is dismissed.

As prayed by the appellant, list in the week commencing 24.7.2023 for admission and remaining pending IAs.

(ARUN KUMAR SHARMA) JUDGE

JP

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/26/2023 5:09:09 PM