Smt. Sarla Jain W/O Shri Sunil ... vs Smt. Manbhar Devi W/O Shri Rajaram
2022 Latest Caselaw 1864 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                S.B. Civil First Appeal No. 99/2022

Smt. Sarla Jain W/o Shri Sunil Kumar & Anr.
                                                                 ----Appellants
                                   Versus
Smt. Manbhar Devi W/o Shri Rajaram,
                                                                ----Respondent

For Appellant(s) : Mr. Ravi Bhojak Mr. Sahil Jain For Respondent(s) : Mr. Jagdish Nagar

HON'BLE MR. JUSTICE SUDESH BANSAL Order

28/02/2022

The appellant-defendants have assailed the judgment and

decree dated 15.12.2021 passed by Additional District Judge,

Sawai Madhopur in Civil Suit No. 203/2012 for possession and

mesne profit passed in favour of the respondent-plaintiff.

The respondent-plaintiff has appeared as Caveator.

Heard.

Admit.

Since respondent-plaintiff has already appeared, no need to

issue notice. Requisition be sent to the trial Court to transmit the

record.

During pendency of first appeal, the execution of impugned

decree only in relation to possession shall remain stayed subject

to condition of payment of entire amount of mesne profit directed

by the trial Court at the rate of Rs.3,000/- w.e.f. 08.07.2009

onwards till February, 2022 within a period of two months and

further to pay mesne profit at the rate of Rs.3,000/-

(2 of 2) [CFA-99/2022]

per month from March, 2022 onwards, until the decision of first

appeal.

The respondent may provide her bank account details on

record and also to the appellant within a period of 15 days in

order to enable the appellant to deposit the mesne profit in the

said bank account. The respondent would be at liberty to file

application for enhancement of mesne profit during pendency of

appeal.

With the aforesaid, stay application stands disposed of.

(SUDESH BANSAL),J

TN/11

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