VASUDEV MANGAL Vs. ANAR DEVI

JUDGEMENT

(1.) All these writ petitions arise out of order dated 12.02.2020 passed by the learned Additional District Judge No.1 (Additional Charge), Beawar, District Ajmer in applications filed by the appellants-defendants under Order 41 Rule 5 and Order 39 Rules 1 and 2 read with Section 151 CPC directing them to pay mesne profit at different rates while staying the execution of the decree for possession passed against them by the learned trial court.

(2.) All these writ petitions have common origin. The facts in brief are that the predecessor-in-title of the respondent-Mukesh Mangal, viz; Smt. Anar Devi, filed four civil suits seeking decree of possession and mesne profit against the appellants- defendants stating therein that they were in possession of four different portions of her residential house as licensee and she was entitled for restoration of possession as well as mesne profit on termination of their licence. All the four suits were decreed by the learned trial court vide common judgement and decree dated 27.11.2019. The defendants-appellants preferred four civil first appeal along with an application under Order 41 Rule 5 and Order 39 Rules 1 and 2 read with Section 151 CPC with each appeal. The learned appellate court has, vide order impugned herein dated 12.2.2020, while staying the execution of the decree dated 27.11.2019, directed the appellants-defendants to pay mesne profit at different rates. The aforesaid order to the extent of determination of the mesne profit, has been assailed both by the appellants as well as by the respondent by way of four writ petitions each.

(3.) Since the controversy involved in all these writ petitions is similar, they are being decided by this common judgement taking into consideration the facts of S.B. Civil Writ Petition No.3493/2020, Vasudev Mangal vs. Smt. Anar Devi through L.R. & cross S.B. Civil Writ Petition No.4162/2020, Smt. Anar Devi through L.R. vs. Vasudev Mangal .