Surendra Singh Devra vs Kamla Devi
2021 Latest Caselaw 11439 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 70/2021

Surendra Singh Devra S/o Shri Kishan Singh Devra, Aged About 60 Years, R/o 3-Ch/4, Madhuban Housing Board, Jodhpur.

----Appellant Versus

1. Kamla Devi W/o Late Amar Singh Devra, Aged About 69 Years, B/c Rawna Rajpoot (Devra), R/o 2-G/14, Madhuban Housing Board, Jodhpur.

2. Sanjay S/o Late Amar Singh Devra, Aged About 49 Years, B/c Rawna Rajpoot (Devra), R/o 2-G/14, Madhuban Housing Board, Jodhpur.

3. Manish S/o Late Amar Singh Devra, Aged About 45 Years, B/c Rawna Rajpoot (Devra), R/o 2-G/14, Madhuban Housing Board, Jodhpur.

4. Neetu D/o Late Amar Singh Devra, Aged About 38 Years, B/c Rawna Rajpoot (Devra), R/o 2-G/14, Madhuban Housing Board, Jodhpur.

----Respondents

For Appellant(s) : Mr. M. A. Siddiqui. For Respondent(s) : Mr. Manish Patel.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

23/07/2021

The matter comes upon an application filed by the

respondents seeking grant of mesne profit during the pendency of

the present appeal.

Learned counsel for the appellant contested the application

and submitted that the respondents are not entitled for grant of

any mesne profit.

(2 of 2) [CFA-70/2021]

Having considered the submissions, in the circumstances of

the case, wherein, the suit has been decreed for possession by the

trial court and by order dated 26.03.2021, the dispossession of

the appellant has been stayed by this court, the respondents are

entitled to award of mesne profit.

In the circumstances of the case, wherein, the area of the

house in question and its tenements have been indicated in page-

2 of the judgment impugned, it is deemed appropriate and,

therefore, ordered that during pendency of the present appeal the

appellant shall pay an amount of Rs. 3,000/- per month to the

respondents. The amount be paid w.e.f. the month of July, 2021

and be paid by 10th each subsequent month. The amount be

deposited in the saving bank account of the respondents

particulars whereof, would be supplied by counsel for the

respondents to counsel for the appellant within a period of 1 week

from today.

On three consecutive failures by the appellant in depositing

the amount of mesne profit, the interim order granted by this

Court on 26.03.2021, shall come to an end automatically.

The stay application stands disposed of.

(ARUN BHANSALI),J 69-Sachin/-

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