The court may exercise its inherent powers under Section 151 of the CPC to extend the time for depositing mesne profits if the party demonstrates genuine financial hardship and unforeseen family circumstances, provided the full amount is tendered.

Order

1. Matter comes up on an application (IA No.2/2026) filed by the appellant-Smt. Sunita, on 05.01.2026, under Section 151 of the Code of Civil Procedure, 1908 (CPC), seeking deposit of mesne profits and extension of time granted by this Court vide order dated 11.08.2023.

2. Learned counsel for the appellant submits that the appellant is a lady with a poor economic background and her husband is engaged in the profession of a daily-wage painter. He further submits that both the parents of the appellant have passed away, and more particularly, the appellant's mother passed away on 16.07.2020, shortly after the impugned judgment and decree dated 28.02.2020 was passed in Civil Suit No.21/2014. He further submits that even appellant No.1/1-Chaman Singh passed away on 01.01.2026, during the pendency of the present first appeal.

3. He further submits that due to the above unforeseen circumstances and financial constraints, the appellants could not deposit mesne profits within the stipulated time as directed by this Court vide order dated 11.08.2023, and that now, after much hard work, the appellants have finally secured mesne profits amounting to Rs. 1,35,000/- up to March 2026.

4. In view of the above facts and the time granted by this Court vide order dated 11.08.2023, the time to deposit is extended. The amount of Rs. 1,46,000/- shall be handed over to the respondent by way of cheques.

5. Per contra, learned counsel for the respondent vehemently opposes the submissions made by learned counsel for the appellants. He submits that the suit was decreed vide order dated 28.02.2020, wherein the interim order was modified; and vide order dated 11.08.2023, this Court directed the appellant to deposit mesne profits within six weeks from the date of the order. He further submits that, despite over two years having elapsed since 11.08.2023, no application was filed until execution proceedings were initiated. The present application therefore, lacks bona fide; he accordingly prays for dismissal of the application (IA No.2/2026).

6. Heard and considered the submissions made by learned counsel for the parties and perused the material available on record.

7. From the record, it is evident that in the present first appeal, the order to maintain status quo was passed by a Co-ordinate Bench of this Court on 15.03.2022, was initially continued and later modified on 11.08.2023, whereby the appellants were directed to deposit mesne profits within six weeks from the date of the order. But due to unforeseen family circumstances and financial constraints, the order dated 11.08.2023 could not be complied with within the stipulated time. The position, as it stands today, is that she has tendered the full amount by cheques (as detailed in IA No. 2/2026) and is willing to hand over an additional cheque of Rs. 10,000/-. Meaning thereby, covering the mesne profits up to March 2026.

8. Thus, in view of the above, the application (IA No.2/2026) stands allowed, subject to payment of costs of Rs. 5,000/- to be paid to the respondent.

9. However, it is made clear that if the two cheques handed over today by learned counsel for the appellant to learned counsel for the respondent are not encashed on the due dates, this order shall stand revoked upon a formal application by the respondent, further, the respondent shall then be at liberty to execute the impugned judgment and decree dated 28.02.2020.

10. In consequence of allowing the application (I