Mohammad Rafeeq vs Mohammad Ramjaan
2021 Latest Caselaw 18489 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 449/2021

Mohammad Rafeeq S/o Mohammad Ramjaan, Aged About 47 Years, R/o Street No. 6, Dhobi Talai, Bikaner

----Appellant

Versus

1. Mohammad Ramjaan S/o Jahurdeen, R/o Street No. 6 Dhobi Talai, Bikaner

2. Mohammad Gayur Aadil S/o Mohammad Saleem Soda, R/o Street No 6, Dhobi Talai, Bikaner

----Respondents

For Appellant(s) : Mr. Muktesh Maheshwari For Respondent(s) : Mr. Sushil Bishnoi Mr. Himanshu Maheshwari

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/12/2021

The respondent No.1 filed the civil suit for possession against

the appellant. Appellant is son of respondent No.1. During the

course of suit, respondent No.1 sold the property to respondent

No.2, therefore, respondent No.2 also joined proceedings of suit

as co-plaintiff by virtue of Order 22 Rule 10 CPC. The suit for

possession has been decreed along with mesne profit at the rate

of Rs.5,000/- per month and there-against the appellant has filed

this first appeal.

Heard.

Admit.

Call for the record.

(2 of 3) [CFA-449/2021]

S.B. Civil Misc. Stay Petition No.1271/2021

Heard on the stay application.

This Court vide order dated 28.10.2021 stayed the execution

of impugned decree subject to deposition of the arrears of mesne

profit as ordered by the trial court in the impugned decree.

Learned counsel for the appellant submits that the appellant

has deposited entire decreetal amount in the trial court and would

continue to deposit the mesne profit @ Rs.5,000/- per month to

the respondent during the course of appeal and therefore the

interim stay order dated 28.10.2021 may be made absolute

during the course of appeal.

Learned counsel appearing for respondent No.2 has filed

reply to the stay application and while opposing the prayer of

interim stay, alternatively has prayed to grant enhanced amount

of mesne profit, during course of appeal.

The learned trial Court, in the impugned judgment has held

that the respondent No.2 is entitled to get the amount of mesne

profit and to which, respondent No.1 does not oppose.

Therefore, the stay order dated 28.10.2021 is made absolute

and it is directed that the appellant shall continue to pay the

mesne profit @ Rs.5,000/- per month to the respondent No.2

during the course of appeal and in case respondent No.2 discloses

his Bank account details on record, appellant is directed to deposit

the further mesne profit in his Bank account. The respondent No.2

is at liberty to file separate application for enhancement as mesne

profit during the course of the appeal, if he so desires. As far as

the mesne profit deposited by appellant before the trial Court is

concerned, respondent No.2 is free to withdraw the same.

(3 of 3) [CFA-449/2021]

It is made clear that in case, the appellant succeeds in this

first appeal, the respondent No.2 would refund the amount of

mesne profit to the appellant with interest @ 6% per annum.

The stay application is disposed of.

(SUDESH BANSAL),J

69-AnilKC/-

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