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ITEM NO.6 Court 13 (Video Conferencing) SECTION IX

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 29219/2021

(Arising out of impugned final judgment and order dated 05-05-2017

in CRA No. 40/2017 17-08-2021 in MCAR No. 577/2017 passed by the

High Court Of Judicature At Bombay At Nagpur)

AMRITPAL JAGMOHAN SETHI Petitioner(s)

VERSUS

HARIBHAU PUNDLIK INGOLE Respondent(s)

(FOR ADMISSION and I.R. and IA No.156467/2021-CONDONATION OF DELAY

IN FILING and IA No.156468/2021-EXEMPTION FROM FILING C/C OF THE

IMPUGNED JUDGMENT )

Date : 04-01-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE AJAY RASTOGI

HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s)

Mr. Dharmendra Kumar Sinha, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Learned counsel for the petitioner submits that the order

dated 05.05.2017 passed by the High Court by which he is aggrieved,

Miscellaneous Civil Application (Review) No.577/2017 was filed

before the High Court which has been dismissed by order dated

17.08.2021. Both the orders are under challenge in the present

Special Leave Petition and that is the reason for which the delay

has been caused in filing the present petition.

Digitally signed by

Indu Marwah

Date: 2022.01.06

15:51:03 IST

Reason:

Signature Not Verified

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Delay condoned.

Issue notice, returnable in four weeks.

In the meanwhile, until further order, Clause 4 of Judgement

and decree dated 29.03.2014, which is quoted hereunder is stayed:

”4)

Inquiry into future mesne profit under Order XX

Rule 12(1)(c) of Code of Civil Procedure be made from

the date of suit till delivery of vacant peaceful

possession of the suit property by the defendant to the

plaintiff.”

However, we make it clear that the authority is at liberty

to continue with the inquiry from the date of the judgment and

decree dated 29.03.2014.

(INDU MARWAH) (BEENA JOLLY)

COURT MASTER (SH) COURT MASTER (NSH)