Somaram vs Naresh Kumar
2022 Latest Caselaw 2802 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 580/2018

1. Somaram S/o Devaji, Aged About 58 Years, B/c Kalbi, R/o Bhavri, Tehsil Pindwara, District Sirohi

2. Leelaram S/o Devaji, Aged About 38 Years, B/c Kalbi, R/o Bhavri, Tehsil Pindwara, District Sirohi.

----Appellants Versus

1. Naresh Kumar S/o Late Chiranjilal, Aged About 63 Years, B/c - Agrawal, R/o Riico Colony, Abu Road, District - Sirohi.

2. Nemichand S/o Ramlal Ji, Aged About 58 Years, B/c Agarwal, R/o Mount Road, Abu Road, District Sirohi.

----Respondents

For Appellant(s) : Mr. Shreyansh Mardia. For Respondent(s) : Mr. Narendra Thanvi.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

18/02/2022

The matter comes up for orders on Interlocutory Application

No.2/2021 moved by the appellants herein seeking modification of

the order dated 25.11.2019 passed by this Court whereby, the

stay on the impugned judgment and decree was continued subject

to the condition that the appellants shall continue to pay a sum of

Rs.5,000/- per month to the respondents as mesne profit till

disposal of the appeal. Now, the interlocutory application has been

moved seeking reasonable reduction in the amount of mesne

profit on the ground that in the intervening period, the appellants

have suffered serious economical crisis owing to the COVID

pandemic. The land in question is just in excess of 1 Bigha and the

(2 of 2) [CFA-580/2018]

appellants are not receiving any significant profits from the land

and thus, they are suffering financial crunch for paying the mesne

profit amount of Rs.5,000/- per month.

Shri Narendra Thanvi, learned counsel appearing for the

respondents, submits that the appellants have been regularly

making payment of the mesne profit to the respondents and thus,

the argument that the appellants have been economically

weakened on account of COVID pandemic is not tenable.

I have given my thoughtful consideration to the submissions

advanced at bar and, have gone through the contents of the

application and the material placed on record.

The land in question measures just above 1 Bigha and thus,

agricultural proceeds from such a chunk of land would not be very

significant.

As a consequence, I am inclined to accept the instant

interlocutory application and it is directed that the amount of

mesne profit to the tune of Rs.5,000/- per month awarded by this

Court to the respondents is reduced and now the appellants shall

pay a sum of Rs.2,500/- per month to the respondents as mesne

profit. The order dated 25.11.2019 is modified accordingly.

The interlocutory application No.2/2021 is accepted in these

terms.

(SANDEEP MEHTA),J 60-Tikam/-

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