Dismissed

Ladu Lal v. Lrs of Bhanwar Lal

Rajasthan HC20 Oct 2021CW/3178/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition challenging an appellate court order fixing mesne profit at Rs.15,000/month and making observations on document admissibility. The Court found no reason to interfere, marked the observations as interim, and directed the appellate court to clarify mesne profit entitlement if the underlying appeal succeeds.

What did the court decide?

Writ petition dismissed; Appellate Court directed not to be bound by interim observations and advised to clarify mesne profit restitution if appeal is allowed.

Ladu Lal Vs Lrs of Bhanwar Lal — Property and Title | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 3178/2020

¶3

Ladu Lal S/o Shri Sohan Lal Ji Bangar, Aged About 70 Years, R/o Behind Jan Mandir, Bangar Transport, Bhopalganj, Bhilwara (Rajasthan).

¶4

----Petitioner

¶5

Versus

¶6

Lrs Of Bhanwar Lal, S/o Shri Payar Chand Ji Suriya, R/o Bhilwara, Since Deceased Through His Legal Representative-

¶7

Babu Lal S/o Late Shri Bhanwar Lal Ji Suriya, R/o 82, Maharana Pratap Marke, Acharya Tulsi Marg, Bhopalgang, Bhilwara (Rajasthan).

¶8

----Respondents

¶9

For Petitioner(s)	:	Mr. SanjayNahar
For Respondent(s)	:	Mr. Dhanesh Saraswat

¶10

JUSTICE DINESH MEHTA

¶11

Order

¶12

20/10/2021

¶13

By way of the present writ petition, petitioner has challenged order dated 20.09.2019, passed by the learned Additional District Judge, Bhilwara hereinafter referred to as the Appellate Court.

¶14

The precise facts relevant for the present purposes are that the plaintiff- respondent herein had filed a suit for redemption of mortgage which was decreed by the Trial Court vide order dated 19.04.2018.

¶15

The present petitioner preferred an appeal against the above judgment and decree along with a stay application under Order XLI Rule 5 of the Code of Civil Procedure.

¶16

(2 of 3) [CW-3178/2020]

¶17

The Appellate Court, while allowing the stay application, directed the present petitioner to pay the mesne profit of Rs.15,000/- per month, while protecting his possession.

¶18

While maintaining that the amount of mesne profit fixed by the Appellate Court is excessive, Mr. Nahar, learned counsel for the petitioner argued that while deciding the stay application vide order dated 20.09.2019, the Appellate Court has made certain observations about admissibility of the documents which ought not to have been made at the stage of deciding stay application.

¶19

Mr. Saraswat, learned counsel for the respondents at the outset submitted that the mesne profit fixed by the Appellate Court (Rs.15,000/-), is not at all excessive and the same is in consonance with the rent which a property situated in the prime area of Bhilwara can fetch.

¶20

He further argued that the observations made by the Appellate Court on 20.09.2019 are prima facie obiter or observation of the Court and therefore can not bind the Court, when the appeal is finally decided.

¶21

Having perused the record of the case and upon having

¶22

heard learned counsel for the parties, this Court does not find any reason to interfere in the present writ petition.

¶23

The writ petition is disposed of with an observation that the Appellate Court would not feel bound by the observations made in the order dated 20.09.2019, which in any event are interim in nature.

¶24

So far as amount of mesne profit is concerned, needless to clarify that in case the appeal is allowed or the decree is otherwise

¶25

(3 of 3)

¶26

[CW-3178/2020]

¶27

modified, the Appellate Court will issue clear directions in relation to entitlement of rival parties in relation to the mesne profit.

¶28

In other words, the Appellate Court will require the plaintiff/ respondent to restore the amount of mesne profit paid by the appellant/ petitioner herein, if the appeal is allowed and decree dated 19.04.2018 is set aside.

¶29

Stay application also stands disposed of accordingly.

¶30

(DINESH MEHTA),J 8-pooja/-

Ladu Lal v. Lrs of Bhanwar Lal

Case brief

What is this about?

What did the court decide?

Ladu Lal v. Lrs of Bhanwar Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jasveer Singh Vs State of Rajasthan

Karan Pal Nayak Vs Union of India and Ors.

Dr. Jagdev Singh Vs State of Rajasthan

M/S. Vishal Gs Engineering and Associates Pvt. Ltd. Vs Dy. Director, Sub Regional Office, Employees State Inusrance Cor.

The Managing Director, Jodhpur Vidhyut Vitaran Nigam Ltd. Vs M/S. Shriram Industiries

Urban Improvement Trust, Bikaner Vs State of Rajasthan