Parmal Singh vs Harnaam Singh
2023 Latest Caselaw 18257 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         SA No. 1828 of 2018
                                          (PARMAL SINGH AND OTHERS Vs HARNAAM SINGH AND OTHERS)

                           Dated : 01-11-2023
                                 Shri Yogesh Chaturvedi, learned counsel for the appellant.

                                 Shri S.D. Singh, learned counsel for respondents No.1 to 6.

Shri G.S. Chauhan, learned Government Advocate for respondent No.7/State.

IA No.246/2020, an application under Order 22 Rule 2 of CPC has been filed with prayer that respondent No.5- Sampat Bai has expired on 19/09/2019.

In support of his application, death certificate has also been filed as Annexure- A. Legal heirs of her are also on record, therefore, her name may be deleted.

After hearing learned counsel for the parties, IA No.246/2020 is allowed. Let necessary amendment be carried out within one week. It is submitted by the learned counsel for the respondents that stay may be vacated as appellant are not depositing mesne Profit directed by trial Court.

On this aspect, learned counsel for the appellants submits that by order dated 04/09/2018, status quo regarding the suit property was directed to maintained which means that as per judgment dated 17/07/2018 of learned First

Appellate Court in RCS/750/2014 operative para 23(3), he was to pay mesne profit only when he would hand over the possession of the suit property to the plaintiffs and not before that.

In considered view of this Court that is not the legal position, however, this Court is refraining from passing any order and on the next date of hearing, arguments will be heard on vacating the stay.

List the case in the week commencing 28th of November, 2023. Signature Not Verified Signed by: RAHUL SINGH PARIHAR Signing time: 04-11-2023 04:55:46 PM

(AVANINDRA KUMAR SINGH) JUDGE rahul

Signature Not Verified Signed by: RAHUL SINGH PARIHAR Signing time: 04-11-2023 04:55:46 PM