SOMARAM Vs. NARESH KUMAR

JUDGEMENT

(1.) The matter comes up for orders on Interlocutory Application No.2/2021 moved by the appellants herein seeking modification of the order dtd. 25/11/2019 passed by this Court whereby, the stay on the impugned judgment and decree was continued subject to the condition that the appellants shall continue to pay a sum of Rs.5,000.00 per month to the respondents as mesne profit till disposal of the appeal. Now, the interlocutory application has been moved seeking reasonable reduction in the amount of mesne profit on the ground that in the intervening period, the appellants have suffered serious economical crisis owing to the COVID pandemic. The land in question is just in excess of 1 Bigha and the appellants are not receiving any significant profits from the land and thus, they are suffering financial crunch for paying the mesne profit amount of Rs.5,000.00 per month.

(2.) Shri Narendra Thanvi, learned counsel appearing for the respondents, submits that the appellants have been regularly making payment of the mesne profit to the respondents and thus, the argument that the appellants have been economically weakened on account of COVID pandemic is not tenable.

(3.) I have given my thoughtful consideration to the submissions advanced at bar and, have gone through the contents of the application and the material placed on record.