HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
C.M. No.22129/2017 (exemption)
1. Exemption allowed subject to just exceptions.
C.M. stands disposed of.
RSA No.162/2017 and C.M. Nos. 22127/2017 (stay) & 22128/2017
(for additional evidence)
2. This Regular Second Appeal under Section 100 of Code
of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit
impugning the judgments of the courts below; of the Trial Court dated
17.5.2016 and the First Appellate Court dated 29.11.2016; by which
the suit for possession and mesne profits with respect to suit property
bearing no.Y-330, Mangol Puri, Delhi has been decreed and as is
shown in red colour in the site plan Ex.DW1/D. Trial court by its
RSA No.162/2017 Page 1 of 9
judgment dated 17.5.2016 decreed the suit for possession but dismissed
the suit seeking recovery of mesne profits. The first appellate court in
the appeal filed by the respondents/plaintiffs by allowing the appeal
passed a decree of mesne profits at Rs.6,000/- per month pendente lite
and future till possession is recovered from the appellant/defendant.
The trial court by its judgment dated 17.5.2016 decided two suits. One
suit was filed by the present appellant Smt. Gayatri Devi and which
was for declaration, permanent and mandatory injunction with respect
to the suit property. The second suit was the suit filed by the present
respondents for permanent and mandatory injunction and recovery of
mesne profits with respect to the suit property. The suit which was
filed by the respondents herein being the suit no.21/2012 was decreed
only with respect to one property being Y-330, Mangol Puri, Delhi.
Three appeals were filed against the judgment of the trial court dated
17.5.2016, two appeals being filed by the present appellant with
respect to decreeing of the suit of the respondents/plaintiffs for the suit
property and the third appeal was filed by the present respondents
seeking the relief of recovery of mesne profits and which relief was
declined by the trial court vide its judgment dated 17.5.2016.
Source: Indian Kanoon