Shrimati Vimla Yadav vs Pradeep Kumar Pandey
2024 Latest Caselaw 21022 MP

Madhya Pradesh High Court

Shrimati Vimla Yadav vs Pradeep Kumar Pandey on 2 August, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1                                 FA-443-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        FA No. 443 of 2024
                                  (SHRIMATI VIMLA YADAV AND OTHERS Vs PRADEEP KUMAR PANDEY AND OTHERS )



                           Dated : 02-08-2024
                                 Shri Girish Shrivastava - Advocate for the appellants.
                                 Shri Sanjay Agrawal - Senior Counsel with Shri Anurag Tiwari and
                           Ms.Ankita Singh Parihar, Advocate for the respondent No.1.

On 13.4.2024 this Court heard learned counsel for the rival parties and matter was reserved on the point whether money part of the decree can be

stayed or not.

First Appeal No.443/2024 (Smt.Vimla Yadav Vs. Pradeep Kumar Pandey) is arising out of civil suit being RCSA No.181/2019 (Pradeep Kumar Pandey Vs. Smt.Vimla Yadav and others) whereby the trial Court vide judgment and decree dated 20.12.2023 has decreed the suit of the respondent/plaintiff -Pradeep Pandey regarding land area 3500 sq.ft. part of Khasra No.311/4 and directed the defendants to vacate the suit premises, remove the structure standing over it and to grant compensation of

Rs.2,00,000/- [Rupees Two Lacs] for using the property and to pay mesne profit at the rate of Rs.20,000/- per month from the date of filing of suit till handing over of vacant possession.

The impugned part of the decree is in paragraphs 91 of the judgment of trial Court.

In the facts and circumstances of the case and keeping in view the

2 FA-443-2024 decision of Hon'ble Supreme Court in the case of M/s.Malwa Strips Pvt. Ltd. Vs.M/s.Jyoti Ltd. (2009) 1 Supreme 415 it has been held in paragraph 2 that money decree execution can be stayed with cogent reasons and by a speaking order.

Therefore, in the facts and circumstances as mentioned above, without actually going into the merits of the case, at this stage, I deem it fit to stay the money part of decree partially subject to appellant's in Appeal No.443/2024 depositing Rs.1,00,000/- (as compensation for damages for using the property) and Rs.10,000/- per month (as mesne profit) before the trial Court within two weeks from the date of receiving copy of this order.

List this case after ten weeks alongwith connected cases.

(AVANINDRA KUMAR SINGH) JUDGE

RM