GURUNANAK TIMBER MART Vs. ANIL KUMAR GULATEE

JUDGEMENT

(1.) This order shall govern the disposal of - (i) I.A.No.4212/10, which is appellant's application, under Order 41 Rule 5(1) of the Civil Procedure Code (for short the 'Code') for staying execution of the impugned judgment and decree. (ii) I.A.No.9186/11, which is in the form of reply to the aforesaid I.A. and appropriate directions to pay mesne profits @ Rs.2,67,300/- p.m.

(2.) The present appeal has been preferred against judgment dated 26.2.2010 passed by Second ADJ, Jabalpur in Civil Suit No.17-A/05, whereby the suit filed by the respondents for eviction of the appellant, a partnership Firm, from the suit accommodation, though based on other grounds also, was decreed on the ground of bona fide requirement, envisaged under Section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the 'M.P. Act') and other consequential and incidental reliefs, including directions to appellant to pay a sum of Rs.1 lac as compensation and arrears of rent @ Rs.1,000/- p.m. were also granted. Being aggrieved, the respondents have also preferred a counter objection.

(3.) Upon I.A.No.4212/10 (above), as an interim measure, vide order-dated 29.6.2010, execution of the decree was stayed, subject to conditions that the appellant shall deposit within a period of 30 days - (i) entire cost of the litigation. (ii) arrears of rent, if any. (iii) a sum of Rs.25,000/- towards compensation as awarded by the trial Court and also that it shall deposit rent @ Rs.1,000/- p.m. till decision of this appeal. It was further directed that the amount deposited towards the compensation and costs shall not be disbursed to the respondents and shall be kept deposited with a nationalized bank for a fixed period.