Petitioner challenged an Executing Court order granting Rs.1,000/- monthly compensation to the decree-holder despite a pending mesne profits enquiry. The petition was disposed with petitioner continuing to deposit Rs.2,000/- per month, withdrawable by respondent, amounts adjustable against the eventual Order 20 Rule 12 determination.
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2024:BHC-NAG:4087
1 wp 6758.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.6758/2019
(C.G. Shashidharan V Habibkhan)
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Mr. A.S. Deshpande, Advocate for Petitioner. Mr. R.D. Murkute, Adv for respondent.
CORAM : Abhay J. Mantri, J. DATE : 04-04-2024.
Heard learned Advocate for both the parties. Perused
the impugned order and record.
“It is submitted by the learned Counsel for the petitioner that in view of the decree passed by the trial Court directing separate enquiry be held for determining the future mesne profits which enquiry is yet to be held the Executing Court was not justified in directing the petitioner to pay an amount of Rs. 1,000/- per month from the date of the decree.
Issue notice, returnable on 03.12.2019.
2 wp 6758.19.odt
The petitioner shall deposit with the Executing Court an amount of Rs. 2000/- per month from September 2019 to show his bonafide. If such amount is deposited no coercive steps be taken to implement the impugned order.”
3 wp 6758.19.odt
The petition is disposed of as under.
per month in the Executing Court as directed by an order dated 11-10-2019.
the said amount as undertaken within a period of two weeks from today, the above order shall cease automatically without further reference to the Court.
(c) Needless to clarify, that by passing this order, no stay
has been granted to the execution proceedings or the impugned judgment and order.
(d) It is further made clear that if the respondent has filed an application under Order 20 Rule 12 of the CPC for
determining the mesne profit in such an eventuality the amount which was deposited by the petitioner in the Executing Court shall be adjusted in the outcome of the said order.
( Abhay J. Mantri, J. )
Deshmukh
1 issue framed by the court
Whether the Executing Court could direct payment of Rs.1000/- per month compensation when a separate enquiry for future mesne profits under Order 20 Rule 12 CPC was yet to be held.
2 provisions across 1 enactments
C.G. Shashidharan
Habibkhan
Abhay J. Mantri
As recorded by the court registry
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