This appeal challenged a decree for possession and mesne profits. The court modified the decree by setting aside the award for mesne profits and damages after the respondent consented to it, as possession had already been surrendered by the appellants.
The decree for damages and mesne profits was set aside. The appeal stands disposed of on modified terms.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJ KUMAR GAUR & ANR .....Appellants Through: Mr. Md. Naudhad Alam & Mr. Mithilesh Kumar, Advocates.
versus
ISHWAR DASS .....Respondent Through: Mr. T.C. Yogi, Advocate.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 07.10.2024
“Learned counsel for the appellants states that since the deposit required was not made, stay granted against the impugned judgment and decree by order dated 22.05.2019 stands vacated; and that the appellants are not agitating this issue any longer. Counsel
RFA 506/2019
Page 1 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:40:17
further states that possession of the subject property has been surrendered to the respondent on 18.02.2020, which is confirmed by learned counsel for the respondent.
Accordingly the only issue which survives is about mesne profits/damages for use and occupation that have been awarded by way of the impugned judgment and decree @ Rs.2,250/- per month w.e.f. 01.10.2015 till 18.02.2020, the date on which possession was surrendered.
Counsel for the respondent confirms that court fee due till date of surrender of possession, as was required to be paid in accordance with judgment, has not yet been paid. He undertakes to pay the deficit court fee within two weeks from today; and place proof of payment before this court.
List for compliance of the above direction on 13 May 2020. ”
PRATEEK JALAN, J
OCTOBER 7, 2024 ‘pv’/
RFA 506/2019
Page 2 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:40:17
2 issues framed by the court
Whether the decree for mesne profits should be set aside when the respondent consents and possession has already been surrendered.
How to dispose of the appeal in light of the mutual consent regarding the decree for damages.
Raj Kumar Gaur
Ishwar Dass
Prateek Jalan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
