Fizza Bai vs Mohsin Ali
2021 Latest Caselaw 9299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 99/2021

1. Fizza Bai W/o Ismail Ali Sabunwala, Aged About 65 Years, House No. 11, Moedpura, Magarali, Udaipur

2. Aarif S/o Ismail Ali Sabunwala, Aged About 35 Years, House No. 11, Moedpura, Magarali, Udaipur

3. Ali Hussain S/o Ismail Ali Sabunwala, Aged About 28 Years, House No. 11, Moedpura, Magarali, Udaipur

4. Hasina D/o Ismail Ali Sabunwala, Aged About 37 Years, House No. 11, Moedpura, Magarali, Udaipur

5. Farzana D/o Ismail Ali Sabunwala, Aged About 26 Years, House No. 11, Moedpura, Magarali, Udaipur

----Appellants Versus

1. Mohsin Ali S/o Fakruddin Goranawala, House No. 11, Moedpura, Magarali, Udaipur

2. Moiz Ali S/o Fakruddin Goranawala, House No. 11, Moedpura, Magarali, Udaipur

----Respondents

For Appellant(s) : Mr. Tushar Moad, Ms. Aditi Gobhu, through Cisco Webex App For Respondent(s) :

JUSTICE DINESH MEHTA

Order

29/04/2021

Admit.

Issue notice. Issue notice of stay application also, returnable

within six weeks.

Meanwhile, in case appellant deposits a sum of Rs.10,000/-

per month in the Trial Court as mesne profits, effect and operation

(2 of 2) [CFA-99/2021]

of the judgment and decree dated 18.03.2021 shall remain

stayed.

First such amount shall be payable by 07.06.2021.

Whereafter, the appellant will be required to deposit mesne profits

of Rs.10,000/- per month on or before 7th day of each month.

In the event of failure to deposit the mesne profits as

directed above, present order will come to an end automatically.

Trial Court shall keep the amount in a separate account and

will not disburse the same to the decree-holder without the leave

of this Court.

(DINESH MEHTA),J

1-skm/-

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