Manoj Kumar S/O Shri Laxmi Narayan vs Smt. Tara Devi Gupta W/O Shri ...
2022 Latest Caselaw 7210 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 603/2022

Manoj Kumar S/o Shri Laxmi Narayan
                                                       ----Appellant-defendant
                                    Versus
Smt. Tara Devi Gupta W/o Shri Bhagwan Sahay Gupta
                                                       ----Respondent-plaintiff

For Appellant(s)          :     Mr. Dinesh Kala
For Respondent(s)         :     Mr. Bipin Gupta with
                                Mr. Shantanu Gupta



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

09/11/2022

The instant first appeal has been preferred by the appellant-

defendant, assailing judgment and decree dated 30.7.2022 passed

in suit No.34/156/11 by Additional District Judge No.3, Alwar in

respect of the shop in question.

Counsel has put in appearance on behalf of respondent-

plaintiff as Caveator.

Heard counsel for both parties.

Admit.

Record of trial Court be summoned.

Heard on the stay application.

It has transpired that shop in question was purchased in joint

name of parties vide sale deed dated 4.3.1998 registered on

18.5.1998 and the shop in question is in exclusive possession of

the appellant-defendant who is carrying on business of footwear.

Learned trial Court while declaring the shop in question in

ownership of both parties and allowing partition in half-half share,

(2 of 2) [CFA-603/2022]

has directed the defendant to pay mesne profits at the rate of

Rs.1500 per month to plaintiff w.e.f. April, 2004 till handing over

the possession of half portion.

The execution of impugned judgment and decree, shall

remain stayed subject to payment of mesne profits as determined

by the trial Court.

On request of counsel for appellant, eight weeks time is

granted to pay arrears of mesne profit from April, 2004 to

November, 2022 and from December, 2022 onwards, mesne profit

shall be paid on monthly basis. Respondent-plaintiff agree to

provide the details of bank account within a period two weeks

from today and on furnishing the same, the mesne profit shall be

paid.

It is made clear that both parties shall maintain status quo in

respect of alienation of the suit shop and not to create any third

party interest.

Accordingly, stay application application stand disposed of.

(SUDESH BANSAL),J

NITIN /4

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