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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
T. Narender Rao – Appellant
Versus
D. Krishna – Respondent
| Table of Content |
|---|
| 1. case background and court details. (Para 1 , 3) |
| 2. arguments regarding possession and stay (Para 4) |
| 3. court's reasoning on stay conditions. (Para 5 , 9) |
| 4. principles on mesne profits. (Para 6 , 8) |
| 5. final order granting relief. (Para 10) |
ORDER :
This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order passed in I.A.No.1066 of 2018 in A.S.No.182 of 2018 on the file of the X Additional Chief Judge, City Civil Court at Hyderabad.
2. Heard Sri K.R.K.Gargeya, learned counsel for the petitioners and Ms.Sunil B.Ganu, learned counsel for the respondents.
3. Brief facts of the case are that the revision petitioners herein, who are the appellants in A.S.No.182 of 2018, filed the said appeal being aggrieved by the judgment and decree passed in O.S.No.884 of 2010 by the learned XVII Senior Civil Judge, City Civil Court, Hyderabad, dated 04.07.2018. Wherein, pending the appeal, an application was also filed under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, praying to stay all further proceedings in pursuance of the judgment and decree dated 04.07.2018. The said application was filed on the ground that the pe
The court ruled that conditions for stay of execution cannot include mesne profits payments without proper ascertainment, ensuring rights of both parties are preserved during appeals.
Mesne profits can only be claimed from the date of the eviction decree, not from the date of filing the suit, as possession remains lawful until the decree is passed.
An Appellate Court's imposition of onerous conditions for stay of eviction decrees must be just and reasonable, reflecting equity principles under Order XLI Rule 5 of the CPC.
(1) Once a decree for possession has been passed and execution is delayed depriving decree holder to reap fruits, it is necessary for Appellate Court to pass appropriate orders fixing reasonable mesn....
Mesne Profits – A tenant who once entered property in question lawfully, continues in possession after his right to do so stands extinguished, is liable to compensate landlord for such time period af....
Appellate courts have discretion in awarding stay conditions but cannot modify final orders unless new substantial evidence justifies such action; past decisions are binding under the principle of re....
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