NEELAM GAUTAM Vs. BALWINDERJIT SINGH @ BIKRAMJIT @ HAPPY

JUDGEMENT

(1.) THE petitioner decree holder is aggrieved against the order passed by the learned Executing Court on 27.09.2003 whereby her application for arrest and detention of the judgment-debtor in civil prison was dismissed.

(2.) SUIT for possession filed by the decree holder was decreed by the learned trial court on 6.2.2001. The first Appellate Court dismissed the appeal on 12.1.2002 against the said judgment and decree passed by the trial court.

(3.) IN pursuance of the order passed by the learned first appellate court on 17.2.2001, the respondent deposited rent at the rate of Rs. 540/- per month. The plaintiff challenged the said order before this Court in CR No. 2882 of 2001 wherein it was held that the plaintiff is entitled to damages at the rate of Rs. 10,000/- per month as mesne profit from 8.10.1997 till the date of getting the possession of the premises vide order dated 30.5.2001. Respondent has challenged the said order before the Hon'ble Supreme Court in Civil Appeal No. 7873 of 2001 wherein the execution of the decree was stayed subject to payment of Rs. 5000/- per month in terms of the decree. The respondent was granted 4 weeks time to make deposit vide order dated 9.11.2001. The respondent has deposited the said amount of Rs. 5000/- in terms of the said order of the Hon'ble Supreme Court. However, the first appeal was dismissed on 12.1.2002.