BAIJNATH SHANKARLAL AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard finally with consent of parties.

(2.) This is an appeal at the instance of the original plaintiffs.

(3.) The facts giving rise to this appeal are as follows - The plaintiff instituted Civil Suit No.298 of 1985 against the State of Maharashtra for possession of the suit property. The suit came to be decided and the court directed that an inquiry into future mesne profit be held from the date of realisation of the possession. Accordingly, the plaintiffs instituted Miscellaneous Judicial Case in the court of the Civil Judge (Jr.Dn.) at Amravati for determination of mesne profit being M.J.C.No.9/89. In that M.J.C., the Civil Judge passed an order dated 4/1/1997 determining the mesne profit at Rs.3,31,500/-. The Civil Judge further directed that the defendant/State shall pay interest at 6% p.a. on the decretal amount from date of application till realisation. The State of Maharashtra i.e. the defendant preferred an appeal before the District Judge being Reg.Civil Appeal No.97/94. During the pendency of the appeal, the original plaintiff died. The legal representatives were not brought on record and therefore an order of abatement came to be passed in the said appeal. Against that order, the appeal was preferred before the High Court. The High Court allowed the appeal by a conditional order. The High directed that the abatment would stand set aside if the defendant . judgment debtor deposits the entire decretal amount, interest and costs within period of six weeks in the court and further pays costs of Rs.10,000/- for the default in moving the court for setting aside the abatement. This amount of Rs.10,000/- was also directed to be deposited within period of two weeks.