JAINENDRA KUMAR RANKA
Moorti Mandir Sankat Mochan Balaji, through Shri Surya Kant Sharma son of late Purshottam Lal Sharma – Appellant
Versus
Ganga Ramji Charitable Trust, through its trustees – Respondent
Jainendra Kumar Ranka, J.
1. By way of this instant order, an application u/sec. 151 CPC for enhancement of mesne profit filed by the plaintiffs-respondents is being decided.
2. The brief facts noticed only with reference to disposal of the present application required to be noted are that the plaintiffs-respondents filed a civil suit for possession and permanent injunction and for damages against the defendants/appellants on 13.10.1995 with the prayer that the respondents be directed to hand over possession of the plot No.1 and 2 to the plaintiffs as mentioned in the plaint and site plan annexed therewith including the constructed house, shops etc. and further prayer was also made to direct the defendants not to make any disturbance in the peaceful possession over the disputed land. The suit was decreed vide order dated 14.02.2006.
3. The appellant filed the instant appeal which has been admitted and it was directed in the meanwhile to the parties to maintain the status quo as it exists today i.e. on 24.03.2006. The cross objection was also filed which too was admitted on 24.08.2009.
4. An application came to be filed by the respondent for vacating the ex-party stay order da
Arjun Singh v. Mohindra Kumar & ors. (1964) AIR (SC) 993
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