HARBANS SINGH Vs. BHARTI DEVI AND ORS.

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned appellate court, dtd. 17/12/2018, by which, on an application filed under Order 41 Rule 5 of the CPC by respondents no.1 to 6 herein (appellants before that court), the operation of the judgment and decree in favour of the present petitioner passed by the learned trial court (Civil Judge, Sr. Divn.), Kurukshetra, has been stayed during the pendency of the appeal.

(2.) Vide the said judgment and decree, the respondents (defendants in the suit) had been directed to hand over vacant possession of the suit property, with mesne profit of Rs.8,000.00 per month to be also paid by them to the petitioner (plaintiff) from the date of the filing of the suit by him till the delivery of vacant possession of the suit property.

(3.) The learned appellate court vide the impugned order has stated that since the controversy even with regard to mesne profits payable is yet to be gone into by the court, it would be appropriate to stay the operation of the impugned judgment and decree passed by the trial court.