Smt. Mooli Devi Urf Mamta D/O ... vs Bhudi Devi W/O Late Shri Chandulal ...
2022 Latest Caselaw 1948 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil First Appeal No. 370/2021

Smt. Mooli Devi Urf Mamta D/o Gendalal W/o Shri Harisingh &
Ors.
                                                                          ----Appellants
                                       Versus
Bhudi Devi W/o Late Shri Chandulal Salil & Ors.
                                                                     ----Respondents

For Appellant(s) : Mr. Kapil Bardhar For Respondent(s) : Mr. Tarun Kumar Verma for Mr. Anuroop Singhi Mr. Sandeep Sharma through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/03/2022

By perusal of impugned judgment, the patta dated

04.03.2010 of appellant No.1-Smt. Mooli Devi has been cancelled

and the respondents-plaintiffs have declared owner of the suit

property. The appellant No.1 has also directed to hand over the

vacant possession of the suit property to the respondents-

plaintiffs.

Heard.

Admit.

Since all parties are duly represented by their counsel, hence

service stands complete.

Having considered the arguments of both parties and perusal

of the record, it is hereby directed that during pendency of appeal,

the execution and operation of impugned judgment and decree

dated 19.08.2021 passed by Additional District Judge No.2

Bandikui District, Dausa shall remain stayed and both parties shall

(2 of 2) [CFA-370/2021]

maintain status quo in relation to alienation and possession of the

property in question.

The appellants are directed to pay mesne profit. The trial

court has also awarded mesne profit @Rs.2,000/- per month from

the date of judgment, therefore, the appellants shall pay the

amount of mesne profit as determined by trial court from the date

of judgment however, the respondents-decree holders are at

liberty to move application for enhancement of mesne profits.

In case appellants commit any default in payment of mesne

profits, the respondents would be at liberty to move application for

vacation of stay order.

With the aforesaid observations, the stay application stands

disposed of.

(SUDESH BANSAL),J

SAURABH/32

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