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PANKAJ PUROHIT
Pooja Sharma – Appellant
Versus
Soma Devi – Respondent
JUDGMENT :
Pankaj Purohit, J.
By means of this writ petition, petitioner has challenged the order dated 16.12.2023, passed by 1st Additional District Judge, Haridwar in Civil Appeal No.27 of 2022, annexure-10 to the writ petition, whereby an application No.17C2 and objections No.26C2 moved by the respondent-plaintiff was allowed and petitioner-defendant was directed to deposit the entire decreetal amount before the next date fixed i.e. 10.01.2024.
2. Heard learned counsel for the petitioner.
3. The suit filed by the respondent-plaintiff was decreed by judgment and decree dated 07.05.2022 and the counter claim for permanent injunction filed by the petitioner-defendant no.2 was dismissed and the petitioner-defendant no.2 was directed to handover the possession of the subject matter of the property to the respondent-plaintiff within 30 days and to deposit the user charges i.e. mesne profit @ Rs.1,000/- per month from the date of institution of suit till the date of decree. The petitioner-defendant no.2 feeling aggrieved filed a Civil Appeal No.27 of 2022 before the learned District Judge challenging the said decree 2 and while admitting the appeal for hearing, the judgment and decree was
The court clarified that mesne profits must be paid separately for each suit as decreed, emphasizing the importance of adhering to trial court orders during execution.
Non-compliance with specific court directions and lack of justification for non-compliance may lead to the dismissal of an application seeking modification of an order.
The main legal point established in the judgment is the court's discretion to grant a stay of execution of an ex-parte decree, subject to the petitioner complying with the undertaking of payment of m....
The main legal point established is the court's discretion to grant stay of execution subject to the petitioner's compliance with the undertaking of payment of mesne profits and the automatic vacatio....
The main legal point established in the judgment is that the power of the court is circumscribed under Rule 5(5) of Order 41 C.P.C., and non-compliance with the direction of the court under Order 41 ....
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