CLR/82/2025
2025 Latest Caselaw 3707 UK

Uttarakhand High Court

CLR/82/2025 on 26 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  CLR No.82 of 2025
                                  Hon'ble Pankaj Purohit, J.

Ms. Sadaf, Advocate for the revisionist.

2. Mr. Siddhartha Singh, Advocate for respondent no.1.

3. By means of this civil revision, the revisionist has put to challenge the judgment and order dated 24.05.2025, passed by learned IInd Additional Civil Judge (S.D.) Haridwar in Original Suit No.319 of 2014, Delhi Apartments Pvt. Ltd. and another Vs. Padma Kumari, whereby the amendment application moved by the respondent/plaintiff no.1, claiming mesne profits, i.e., Application Paper No.129 A2, has been allowed.

4. The revisionist challenged the aforesaid order mainly on the ground that, by the amendment, respondent no.1 has been allowed to claim mesne profits from the date of filing of the suit, which is time-barred.

5. Learned counsel for respondent/plaintiff no.1 submitted that the amendment allowed by the impugned order dated 24.05.2025 and as to whether mesne profit claimed by him will be paid to him or not is a matter of trial; and he further submits that even if any mesne profit is awarded in his favour, for that amount he is bound to pay the court fees after conclusion of trial and before recovery of that amount.

6. Having heard learned counsel for the parties, this Court is of the view that the impugned order needs no interfere as simply an amendment has been allowed and this Court finds favour with the submission of learned counsel for the respondent/plaintiff no.1.

7. Accordingly, civil revision stands dismissed.

(Pankaj Purohit, J.) 26.08.2025 SK