Smt. Chameli Devi W/O Ghanshyam v. Mahendra Kumar Sharma S/O Harmangal Das (Deceased During Trial)

Rajasthan HC12 Jan 2022CSA/83/2020

Case brief

AI extract

What is this about?

The High Court disposed of two connected Civil Second Appeals filed by defendants-appellants against a decree for eviction. Since merits were not pressed, the court granted time to vacate premises by 12.06.2023, directed deposit of mesne profit, and vacated interim stay orders.

What did the court decide?

Appellants allowed to possess premises until 12.06.2023; directed to deposit mesne profit; interim orders disposed of.

Smt. Chameli Devi W/O Ghanshyam Vs Mahendra Kumar… — Execution and Attachment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Second Appeal No. 83/2020

¶3

Smt. Chameli Devi W/o Ghanshyam, Aged About 72 Years, R/o Mohalla Hazari Ka, Alwar

¶4

----Appellant

¶5

Versus

¶6

Mahendra Kumar Sharma S/o Harmangal Das (Deceased During Trial)

¶7

1/1. Smt. Savita Sharma W/o Late Mahendra Kumar, Age About 70 Years, R/o Mohalla Hazari Ka, Alwar

¶8

1/2. Ajay Sharma S/o Late Mahendra Kumar Sharma, Age About 50 Years, R/o Mohalla Hazari Ka, Alwar

¶9

1/3. Poonam Sharma D/o Late Mahendra Kumar Sharma, Age About 52 Years, R/o Anjali Enclave, First Floor, Plot No. 509, Street No. 6, Near King Corner, Raja Park, Jaipur

¶10

---Respondents/Plaintiffs

¶11

Kalyan Sahay S/o Bhore Lal

¶12

Smt. Narbada Devi W/o Kalyan Sahay, both R/o Village Baleta, Sub Tehsil Malakhera, Distt. Alwar

¶13

Dinesh Chand Adopted S/o Ramjilal

¶14

Smt. Kamlesh W/o Dinesh Singh

¶15

Ramvtar S/o Kalyan Sahay

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Smt. Bina Devi W/o Ramvtar Sharma, All R/o Mohalla Hazari Ka, Alwar

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----Respondents/Defendants

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Connected With

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S.B. Civil Second Appeal No. 432/2019

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Kalyan Sahay S/o Bhorelal, R/o Hajari Ka Mohalla, Alwar (deceased)

¶21

Smt. Narbada Devi W/o Kalyan Sahay, R/o Village Baleta Up-Tehsil Makakhera, District Alwar (Deceased)

¶22

Dinesh Chand Adopted S/o Ramjilal, R/o Hajari Ka Mohalla, Alwar

¶23

Smt. Kamlesh W/o Dinesh Singh, R/o Hajari Ka Mohalla, Alwar

¶24

(2 of 5)

¶25

[CSA-83/2020]

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Ramavtar S/o Kalyan Sahay, R/o Hajari Ka Mohalla, Alwar

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Smt. Beena Devi W/o Ramavtar Sharma R/o Hajari Ka Mohalla, Alwar

¶28

6/1. Ranjana Sharma D/o Ramavtar Sharma W/o Gautam Sharma aged about 46 years R/o Sakin, 510/1, New Railway Road, Mahaveer Pura, Opposite Batanagar Hospital, Gurugram

¶29

6/2. Deepak Sharma S/o Shri Ramavtar Sharma aged about 44 years R/o Hajari Ka Mohalla, Alwar

¶30

6/3. Archana Sharma D/o Shri Ramavtar Sharma w/o Pankaj Kaushik aged about 42 years, R/o Plot No. 47 DTP Scheme No. 9, New Shopping Complex, Rewari, Haryana 6/4. Pramod Sharma S/o Shri Ramavtar Sharma aged about 40 years R/o Hajari Ka Mohalla, Alwar

¶31

6/5. Pradeep Sharma S/o Shri Ramavtar Sharma aged about 39 years R/o Hajari Ka Mohalla, Alwar

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----Defendants/Appellants

¶33

Versus

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Mahendra Kumar Sharma S/o Harmangal Das wife Rampyari, R/o Hajari Ka Mohalla, Alwar (Deceased)

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1/1. Smt. Savita Sharma W/o Late Mahendra Kumar, Aged About 70 Years

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1/2. Ajay Sharma S/o Mahendra Kumar Sharma, Aged About 50 Years

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1/3. Poonam Sharma D/o Late Mahendra Kumar Sharma, Aged About 52 Years, All R/o Anjali Enclave First Floor Plot No. 509, Street No. 6 Near King Corner, Raja Park, Jaipur

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Smt. Chameli Devi W/o Ghanshyam Das Sharma, R/o Swami Harmangal Das Ka Mandir, Hajari Ka Mohalla, Alwar

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----PlaintiffRespondents

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For Defendant(s)	: Mr. Vipul Jain, Advocate through VC Mr. Mohit Gupta, Advocate through VC
For Respondent(s)	: Mr. Saurabh Jain, Advocate through VC

¶41

HON'BLE MR. JUSTICE PRAKASH GUPTA

(3 of 5)

[CSA-83/2020]

Judgment

12/01/2022

The instant Civil Second Appeals under Section 100 CPC

¶47

has been filed by the defendants-appellants (for short 'the defendants') aggrieved by the judgment and decree dated 11.07.2019 passed by the learned Additional District Judge No. 1 Alwar whereby the said court dismissed the appeal filed by the defendants and upheld the judgment and decree dated 31.05.2012 passed by the learned Additional Civil Judge (Junior Division) No. 4, Alwar in Civil Suit No.34/134/2008.

¶48

Since both the appeals are directed against the same judgment and decree, they are being decided together by this common judgment.

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Learned counsel for the defendants after arguing the matter at some length, on instruction of their respective clients, has not pressed these appeals on merits. The only prayer made by them is that time of eighteen months may kindly be granted to the defendants to vacate the suit premises (for short ‘the premises’).

¶50

Learned counsel appearing for the respondentsplaintiffs (for short ‘the plaintiffs’) on instructions of his clients has no objection in granting the time as prayed for by the learned counsel for the defendants for vacating the premises.

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In view of the aforesaid submission of learned counsel for the parties, these second appeals are being decided in the following terms:-

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The defendants shall be entitled to continue in possession of the premises uptill 12.06.2023 but not

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(4 of 5)

¶54

[CSA-83/2020]

¶55

beyond that, subject to condition that they will hand over the vacant and peaceful possession of the premises to the plaintiffs on or before 12.06.2023.

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The defendants shall deposit mesne profit from 17.01.2020 up to 31.12.2021 @ Rs.1000/- per month within a period of one month from today with the Bank account of the plaintiffs and thereafter, from 01.01.2022 the defendants shall continue to deposit the mesne profit @ Rs.1000/- per month with the bank account of the plaintiffs by 15^th of each month.

¶57

The defendants shall not alienate or otherwise create third party right or hand over possession of the premises in question to any other person.

¶58

If the defendants fail to deposit the mesne profit consecutively for four months, the plaintiffs shall be at liberty to execute the decree without any further reference to the Court.

¶59

Further, the defendants shall submit an undertaking on oath incorporating the aforesaid conditions before the learned Additilnal Civil Judge (Junior Division) No. 4, Alwar within a period of four weeks from the date of this order. In case, the defendants fail to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of the conditions of this order, the plaintiffs shall be entitled to execute the decree forthwith and obtain possession of the premises in accordance with law and it will be open for the plaintiffs to initiate contempt proceedings in the Court.

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The second appeals stand disposed of accordingly. Consequent, upon disposal of the second appeals, the interim order, if any, stands vacated and the stay applications and other

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(5 of 5)

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[CSA-83/2020]

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pending application(s), if any, filed therewith, do not survive and

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same also stand disposed of.

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A copy of this order be placed in each connected file.

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(PRAKASH GUPTA),J

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MR/55-56

Smt. Chameli Devi W/O Ghanshyam v. Mahendra Kumar Sharma S/O Harmangal Das (Deceased During Trial)

Case brief

What is this about?

What did the court decide?

Smt. Chameli Devi W/O Ghanshyam v. Mahendra Kumar Sharma S/O Harmangal Das (Deceased During Trial)

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

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