SA/92/2023
2023 Latest Caselaw 2206 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
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             Registrar's order
              with Signatures
                                  SA No.92 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Neeraj Garg, Advocate for the appellants.

2. Learned counsel for the appellant/plaintiff would submit that the suit of the appellant/plaintiff was decreed for relief of possession and injunction against the respondent/defendant and was dismissed for relief of mesne profits; that, the counter claim of the respondents/defendants was also dismissed; that, being aggrieved by the judgment/decree of the trial court dated 31.05.2023, the respondents/defendants filed appeal and the appellant/plaintiff also filed cross objection/appeal against the dismissal of relief of mesne profits. However, the learned First Appellate Court, vide impugned judgment dated 14.07.2023, has dismissed the cross objections/appeal of the appellant/plaintiff on the ground that the appellant/plaintiff has paid the court fees of ` 490/- which is insufficient.

3. Learned counsel would further submit that the court fees had to be paid tentatively and it was not possible to quantify the damages. Therefore, the court fees of ` 490/- was paid and the same was not to be paid from the date of institution of suit and till the date of filing of the appeal thereby calculating the amount of the damages as prayed for in the relief in the suit i.e. ` 2000/- per day.

4. Learned counsel for the appellant prays for and is granted some time to place the law.

5. List on 22.11.2023.

(Vivek Bharti Sharma, J.) 11.08.2023 Rajni