Single-judge order disposing of a civil second appeal by consent. Granted six months' time for the appellant to vacate suit premises and deposit mesne profits. Failure to comply allows execution of decree.
Appellant granted time to vacate premises and deposit mesne profits; failure to comply permits execution of decree.
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S.B. Civil Seccond Appeal No. 72/2016 Mohanlal Vs. Ramswaroop
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH,
JAIPUR
S.B. Civil Seccond Appeal No. 72/2016
Mohan Lal Vs. Ramswaroop
Date of Order 04.05.2016
HON'BLE MR. JUSTICE PRAKASH GUPTA
Mr. Abhishek Sharma, for the appellant. Mr. Vikas Kabra, Caveator, for the respondent.
Learned counsel for the appellant Mr. Abhishek Sharma after arguing the matter at some length, on instruction of his client has not pressed this appeal on merits. The only prayer made by him is that six months' time may kindly be granted to the appellant to vacate the suit premises.
Mr. Vikas Kabra, learned counsel for the respondent on instructions from his client agreed to the proposal of learned counsel for the appellant.
In view of the consent of the learned counsel for the parties, the
appeal is being decided in the following terms:-
S.B. Civil Seccond Appeal No. 72/2016 Mohanlal Vs. Ramswaroop
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one month from today in the bank account of the respondent and thereafter, from 01/05/2016 to 04/11/2016 the appellant shall deposit the mesne profit @ Rs.100/- P.M. In the bank account of the respondent by 15th of each month.
Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the trial Court within a period of four weeks from the date of this order. In case the appellant fails to submit the undertaking as aforesaid within four weeks from today and/or breach the conditions of this order, the respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.
The second appeal stands disposed of accordingly, Stay application is also disposed of.
bairwa
“all corrections made in the judgment/order have been incorporated in the judgment/order being emailed”
Kailash Chandra Bairwa PS
Mohan Lal
Ramswaroop
Prakash Gupta
As recorded by the court registry
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