Pankaj Kumar Jain S/O Shri ... vs Smt. Rashmi Jain W/O Shri Viviek ...
2022 Latest Caselaw 4603 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 208/2022

Pankaj Kumar Jain S/o Shri Padamchand Jain,
                                                                   ----Appellant
                                    Versus
Smt. Rashmi Jain W/o Shri Viviek Jain,
                                                                 ----Respondent

For Appellant(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Atishay Jain Mr. Aditya Kumar Mitruka Mr. Ritin Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/07/2022

Appellant-defendant has this first appeal against judgment

and decree dated 03.03.2022 passed by Additional District Judge

No.2, Ajmer in Civil Suit No.80/2010 whereby civil suit for

declaration, possession and mesne profit has been decreed

against appellant.

Heard.

Appeal is admitted.

Since respondent-plaintiff has put in appearance as Caveator,

notices need not be issued. Thus, Service stands complete.

Heard on the stay application.

Considering the nature of impugned judgment and decree

and fact that sale deed of respondent-plaintiff (Exhibit-6) is under

challenge, in the separate suit filed by the father appellant, the

operation of impugned judgment and decree shall remain stayed.

(2 of 2) [CFA-208/2022]

However, appellant shall pay mesne profit at the rate of

Rs.1000/- per month as determined by the trial Court and arrears

of mesne profit up to July, 2022 would be deposited within a

period of two months and shall continue to pay mesne profit at the

rate of Rs.1000/- per month from August, 2022 onwards.

Respondent-plaintiff would provide details of bank account to

appellant-plaintiff within a period of 15 days wherein appellant

shall deposit the amount of mesne profit.

Respondent-plaintiff is at liberty to move an application for

enhancement of mesne profit during course of appeal.

Accordingly, the stay application stands disposed of.

(SUDESH BANSAL),J

NITIN /26

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