This court recalled an order recall an order, restored the writ petition for final disposal, and modified the interim rate of mesne profits from the lower court's stay conditions.
Application to recall order allowed and petition restored; mesne profits fixed at Rs. 20,000 per month pending appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 04TH DAY OF AUGUST 2014
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No. 21819 OF 2013 (GM-CPC)
BETWEEN:
…PETITIONERS
(By Shri. N.S. Sanjay Gowda, Advocate)
AND:
Sri. U.C.Krishnamurthy Bhat, Son of UCS Bhat, 74 years, No.149, AICOBOO Nagar,
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13th Main, 1st Cross, BTM Layout, Bangalore – 560 068.
…RESPONDENT
(By Shri. Nataraja Ballal, Advocate)
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 17.4.2013 and the consequential order dated 24.4.2013 passed by the II Additional Senior Civil Judge, Mangalore on I.A.No.II in R.A.No.37/2013 in so far as it relates to imposition of the condition directing the petitioners to deposit the entire mesne profits within a month from 17.4.2013 (Annexure-C and D).
This Writ Petition is coming on for Orders this day, the court made the following:
O R D E R
The application in I.A.I/2014 is filed seeing to recall the
order dated 30.6.2014. For the reasons stated in the affidavit
filed in support of the application, the application is allowed and the order dated 30.6.2014 is recalled and the petition is restored to file.
petitioner is a Government of India Undertaking and is said to be a tenant in respect of premises belonging to the respondent.
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In a suit for ejectment, the suit was decreed after contest, and the petitioner was required to pay the mesne profits or in other words, damages for the use and occupation at Rs.36,000/- per month. The same having been challenged in appeal, the lower appellate court has stayed the decree of ejectment subject to payment of the mesne profits. It is that which is under challenge in the present petition.
Accordingly, the mesne profits shall be payable at the rate of Rs.20,000/-per month from the date of the judgment till date and the petitioner shall continue to deposit the mesne
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profits at the rate of Rs.20,000/- per month on or before 10th of every month till the disposal of the appeal and subject to the result of the appeal. The balance amount shall be deposited
within a period of eight weeks from today. The petition stands disposed of.
Sd/JUDGE
nv
2 issues framed by the court
Whether to recall an order recalling an interim order and restore the writ petition for final disposal.
Whether to modify the rate of interim mesne profits payable by the petitioner during the pendency of the appeal.
National Textile Corporation Limited
Sri. U.C.Krishnamurthy Bhat
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
