Babu Luhar And Ors vs Radha Mohan Saini
2022 Latest Caselaw 1831 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Misc. Stay Application No.2036/2018
                                           In
                S.B. Civil First Appeal No. 491/2018

Babu Luhar and Ors.
                                                      ----Appellants/Defendants
                                       Versus
Radha Mohan Saini
                                                          ----Respondent/Plaintiff

For Appellant(s) : Mrs. Sonia Shandilya, Advocate For Respondent(s) : Mr. Aman Modi, Advocate for Mr. Prashant Kumar Sharma, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

25/02/2022

Matter comes up on an application under Section 151

CPC for vacation of stay order dated 26.11.2018 passed by the

Coordinate Bench of this Court.

Having heard the learned counsel for the parties and

taking into consideration the facts and circumstances of the case

as also the judgment and decree dated 5.3.2018 passed by the

trial court, interim order dated 26.11.2018 passed by the

Coordinate Bench of this Court shall continue till disposal of the

appeal, provided that the appellants-defendants deposit the

arrears of mesne profit @ Rs. 5000/- per month from 17.3.2004

till January, 2022, as directed by the trial court, within four weeks

from today and from February, 2022 continue to deposit the

mesne profit at the same rate by 15th of every succeeding month

with the trial court.

(2 of 2) [2036 Stay Application 2018 in CFA-491/2018]

In case the appellants-defendants fail to deposit the

amount of mesne profit, as directed above, within the said period,

the respondent-plaintiff shall be free to execute the decree

without further reference to the Court.

On deposition of the aforesaid amount, the respondent-

plaintiff shall be at liberty to file an application for disbursement of

the amount. At the same time, he will also furnish an undertaking

on oath to the satisfaction of the trial court to the effect that in

case the appeal is ultimately allowed and the judgment and

decree passed by the trial court are reversed by this Court and he

is not found entitled to any arrears of mesne profit, the amount so

received by him under this order shall be refunded back to the

appellants-defendants with interest @ 6% p.a.

The respondent-plaintiff shall also be at liberty to file an

application for enhancement of the amount of mesne profit.

Stay Application as also the application under Section

151 CPC both stand disposed of accordingly.

(PRAKASH GUPTA),J

DK/26

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