CHANDAN DEVI Vs. GYAN CHAND KOTHARI

JUDGEMENT

(1.) THE respondent-plaintiff filed an application under section 151 of the Code of Civil Procedure on 1/11/2006 whereby the prayer was made to reject the application of the appellant for interim relief and sought direction for registration of the sale deed in favour of respondent and to deliver the possession of the disputed premises in accordance to the impugned judgment and decree and in alternate demanded Rs. 35,000/- per month for mesne profits as use and occupation charges and further in alternate without prejudice to his right of specific performance demanded the payment of Rs. 16 lacs along with interest @ 24% per annum accrued thereon from the date of the payment i. e. 19/1/1996.

(2.) THE learned Bench of this Court after hearing both the parties dismissed the stay application preferred by the appellants vide its order dated 10/1/2007. The said order was set aside by Hon'ble the supreme Court in Civil Appeal No. 5774 of 2007 on 10/12/2007 and directed that appellants shall remain in possession during the pendency of the appeal before the high Court. It was further directed that parties shall appear before the High Court which shall now settle the time schedule for hearing the appeal and payment of mesne profits, if any.

(3.) THE respondent filed an application on 21/1/2008 under section 151 of the Code of Civil procedure whereby a prayer has been made for disposal of the application of the respondent in respect of mesne profits and fixing the time schedule of the date for hearing of the appeal.