The High Court of Rajasthan disposed of a Civil Second Appeal on a consent basis. The appellant undertook to remove belongings and pay reduced mesne profits, while the respondent accepted the proposal to modify mesne profit demands.
Appellant undertakes to remove belongings and pay arrears of mesne profit at Rs. 500/month; appeal disposed on these terms.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Civil Second Appeal No. 109/2019
Satya Narain S/o Shri Bhanwar Lal Maheshwari, Aged About 62 Years, R/o Uston-Ki-Gali, Salumber, District Udaipur (Rajasthan)
----Appellant-Defendant
Versus
Rajesh Doshi S/o Late Kanhaiya Lal Doshi, R/o Near Bharat Gas Agency, Salumber, District Udaipur (Rajasthan)
----Respondent-Plaintiff
For Appellant(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Manish Shishodia
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
05/09/2019
Learned counsel Mr. Manish Shishodia appears on Caveat for the sole-respondent.
With the consent of the parties, the present second appeal is decided finally.
Heard.
The present second appeal has been filed against the judgment and decree dated 30.04.2019 passed by learned Additional District Judge, Salumber, District Udaipur in Civil Appeal Decree No.05/2015 whereby the appeal preferred by the appellant Satya Narain has been dismissed and the judgment and decree dated 20.10.2015 passed by learned Senior Civil Judge, Salumber, District Udaipur in Civil Original Suit No.04/2012(Rajesh Doshi V/s Satya Narayan) has been affirmed.
The counsel for the caveator- respondent submits that in pursuance of the execution proceedings, the decree has already
[CSA-109/2019]
(2 of 2)
been executed and satisfied. The photocopy of the order passed by the learned trial Court and possession memo dated 05.08.2019 placed on record clearly fortify the factum of the execution of the decree.
However, the learned counsel for the appellant without seriously opposing the submissions of learned counsel for the respondent submits that some of his belongings are still lying in one of the rooms under his tenancy. The counsel for the appellant undertakes to remove the belongings, if any, lying on the disputed premises within a period of one month.
Learned counsel for the respondent Mr. Manish Shishodia on instructions submits that respondent will be satisfied, if the order of paying mesne profit of Rs. 1500/- per month is reduced and modified to Rs. 500/- per month.
The counsel for the appellant undertakes to pay the arrears of mesne profit calculated @ Rs. 500/- per month for the period in question within a period of two months from today.
Accordingly, the present Civil Second Appeal is disposed of in the above terms. Stay petition also stands disposed of.
(VINIT KUMAR MATHUR),J
41-SunilS/-
Satya Narain
Rajesh Doshi
VINIT KUMAR MATHUR
As recorded by the court registry
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