WPMS/1479/2023
2023 Latest Caselaw 1423 UK

                      Office Notes,
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         Date                                       COURT'S OR JUDGES'S ORDERS
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      22.05.2023                        WPMS No. 1479 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Ramji Shrivastava, Advocate, for the petitioners.

Mr. Dharmendra Barthwal, Advocate, for the respondents.

This writ petition itself engulfs a very peculiar circumstances, which has emerged in a SCC Suit No. 2 of 2016, Shyam Lal Vs. Sudha Rani and others, as preferred by the respondent, whereby the learned trial Court, while partially allowing the suit vide its judgment dated 18.02.2016 had dismissed the suit for relief No. A and C, which related to the grant of decree for eviction and recovery of the mesne profits. But, so far as the arrears was made, that was decreed by the judgment dated 18.02.2016.

As against the aforesaid judgment dated 18.02.2016, SCC Revision No. 14 of 2016 was preferred, which has been totally allowed and it has ultimately resulted in allowing of decree of eviction, as well as the recovery of the mesne profits.

The respondent who has put in appearance through a caveator may file the counter affidavit within a period of three weeks from today.

The execution of the judgment and decree dated 17.02.2023, would not be given effect to subject to the condition that petitioner deposits the entire arrears as determined by the judgment of the SCC Court dated 18.02.2016 within a period of six weeks from today.

(Sharad Kumar Sharma, J.) 22.05.2023 Mahinder/