RSA-4896- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113 Akbar Ali Haryana Wakf Board CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. concurrent 2. hearing, following order was passed by this Court: -2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Versus Haryana Wakf Board CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. BS Mamli, Advocate for the appellant. Ms. Prerna Malhotra, Advocate for the respondent. NIDHI GUPTA, J. (ORAL) The appellant-tenant is in second appeal against the concurrent findings rendered by both the Courts below. On the last date of hearing, when this appeal was listed for hearing, following order was passed by this Court: “Learned counsel for the respondent that the possession of the suit property alre handed over to the respondent Court vide order dated 12.12.2023. A copy of the said order handed over in Court is taken on record. The only surviving dispute between the parties is qua payment the appellant to the respondent submitted that the appellant has been in illegal possession of the suit property for more than 14 years and only an amount of `2,27,390/- has been awarded by the Courts below towards mesne profits which includes arrears of rent to the tune of `17,550/-. Moreover, the respondent is a statutory Board, therefore, there is no question of reconciliation regarding the aforesaid amount. There is no representation on behalf of the appellant. In the interest of justice, adjourned to 24.03.2025. Registry to inform learned counsel for the appellant about the date fixed. To be shown in the urgent list.” IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-4896-2019 (O&M) Date of Decision: 24.03.2025 .… Appellant .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA BS Mamli, Advocate for the appellant. Ms. Prerna Malhotra, Advocate for the respondent. tenant is in second appeal against the findings rendered by both the Courts below. On the last date of hearing, when this appeal was listed for hearing, following order was passed by this Court:- “Learned counsel for the respondent-Board submits that the possession of the suit property already stands handed over to the respondent-Board before the Executing Court vide order dated 12.12.2023. A copy of the said order handed over in Court is taken on record. The only surviving dispute between the parties is qua payment mesne profits by the appellant to the respondent-Board. Further, it is submitted that the appellant has been in illegal possession of the suit property for more than 14 years and only an amount has been awarded by the Courts below hich includes arrears of rent to the . Moreover, the respondent is a statutory Board, therefore, there is no question of reconciliation regarding the aforesaid amount. There is no representation on behalf of the appellant. of justice, adjourned to 24.03.2025. Registry to inform learned counsel for the appellant urgent list.” Board submits ady stands Board before the Executing Court vide order dated 12.12.2023. A copy of the said order handed over in Court is taken on record. The only surviving by Board. Further, it is submitted that the appellant has been in illegal possession of the suit property for more than 14 years and only an amount has been awarded by the Courts below hich includes arrears of rent to the . Moreover, the respondent is a statutory Board, therefore, there is no question of reconciliation Registry to inform learned counsel for the appellant RISHU KATARIA 2025.03.25 10:51 I attest to the accuracy and authenticity of this order/judgment. RSA-4896- 3. possession of the suit property has already been handed over to the respondent 4. ₹2,27,390/- execution p learned Executing Court. 5. appeal stands 6. 24.03.2025 rishu -2019 (O&M) -2- Learned counsel for the appellant possession of the suit property has already been handed over to the respondent-Board on 12.12.2023. As regards, the payment of -, learned counsel for the respondent proceedings in respect thereof is already pending before the learned Executing Court. In view of the above admitted position, the present second appeal stands disposed of. Pending application(s), if any, shall also stand disposed of. .03.2025 Whether speaking/reasoned Whether Reportable appellant very fairly admits that the possession of the suit property has already been handed over to the As regards, the payment of mesne profits to the tune of , learned counsel for the respondent-Board admits that in respect thereof is already pending before the In view of the above admitted position, the present second Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No RISHU KATARIA 2025.03.25 10:51 I attest to the accuracy and authenticity of this order/judgment.