MOOLI Vs. KAJORMAL

JUDGEMENT

(1.) HEARD learned counsel for the parties on the stay application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure.

(2.) THE plaintiff-respondent filed a suit for redemption and possession against the defendants in respect of the disputed property, which was dismissed by the lower court but, on an appeal filed by the plaintiff, the first appellate Court decreed the suit and passed a decree of redemption as well as for possession in favour of the plaintiff.

(3.) THE property in dispute was mortgaged long back and the first appellate court has now passed a decree of redemption as well as possession in favour of the plaintiff but, in view of the fact that the second appeal has already been admitted and in case interim stay is not passed then the appellants may be dispossessed and the second appeal may become infructuous, therefore, I am of the view that once the appeal is admitted then the decree of possession passed against the appellants should be stayed and simultaneously the respondent-decree-holder can also be compensated by directing the appellants to pay a reasonable compensation by way of mesne profit during the pendency of the second appeal. THE amount of mesne profit can be fixed after considering the facts and circumstances of each case including the place, where the property is situated, nature and measurement of the property etc. , and the market value of the monthly rent which can be fetched in case possession of the disputed property is delivered to the decree-holder.