Extracted from the PDF above. The PDF is authoritative.
S. No.227 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CR No.6851 of 2019 (O&M) Date of Decision:28.03.2025 Gurminder Kaur .....Pe22oner Vs. Darshna Devi and another
.....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ish Puneet, Advocate for Mr. Vikram Singh, Advocate for the peoner. Mr. M.S. Sachdev, Advocate, Ms. Meher Sachdev, Advocate and Mr. Rahul Sachdev, Advocate for the respondents. **** DEEPAK GUPTA, J. (Oral) Suit for possession and recovery of `2,40,000/- as damages/ compensaon/ mesne profit as filed by plainffs – Darshna Devi and others (respondents herein) was decreed by the trial Court on 28.01.2019 whereby, apart from direcon to the defendants (appellants herein) to hand over the vacant possession of the property, they were further directed to pay mesne profit to the plainffs @`10,000/- per month ll delivery of possession along with interest. In the appeal filed by the defendants; an applicaon was moved to stay the operaon of the judgment and decree of the trial Court. Vide an order dated 09.08.2019, the First Appellate Court assessed the mesne profit @`7,000/- per month on the basis of approxmaon which was to be paid to the plainffs from the date of decree of possession ll connuity of the appeal. Against the said
order dated 09.08.2019, the present revision was filed. This Court vide order dated 31.10.2019 issued noce of moon subject to deposit of the current RENU 2025.03.28 18:39 I attest to the accuracy and integrity of this document Chandigarh
CR No.6851 of 2019 (O&M) -2- mesne profits as directed by the First Appellate Court forthwith but with the direcon that the same shall not be released to the respondents- plainffs.
2. Today, it is informed by learned counsel for the respondents- plainffs that the mesne profit @`7,000/- per annum are being regularly deposited by the peoner. Prayer is made to dispose of the present peon and the enre arrears of the mesne profits as being deposited will be subject to the final outcome by the appeal by the First Appellate Court. It is informed that case before the First Appellate Court is fixed for 29.04.2025. Learned counsel for the peoner has no serious objecon to the afore-said prayer.
3. As such, the present revision peon is hereby disposed of with the direcon that the peoner shall connue to deposit `7,000/- per month as mesne profits before the First Appellate Court concerned. The First Appellate Court shall dispose of the appeal purely in accordance with law without being influenced by any of the observaons made before this Court. The amount shall be released as per the final outcome of the appeal. March 28, 2025
( DEEPAK GUPTA ) renu
JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.03.28 18:39 I attest to the accuracy and integrity of this document Chandigarh