PRAKASH CHANDRA Vs. NANDU BAI

JUDGEMENT

(1.) Arguments were heard on an application preferred by the learned counsel Dr. Sachin Acharya representing the appellants for modification of the order dated 08.12.2017 whereby, in presence of the learned counsel representing the parties, the appellants were directed to deposit mesne profit to the tune of Rs. 3,000/- per month and a consolidated sum of Rs. 25,000/- was ordered to be paid on or before 31.03.2018.

(2.) The instant interlocutory application has been preferred on the premise that the respondent has not approached this Court with clean hands. She has sold off the property to one Smt. Manju just within days of passing of the impugned judgment. The appellants claim that as they are in possession of the suit premises and since, the respondent concealed the factum of sale of the property, the direction given by this Court to the appellants for depositing the mesne profit deserves to be recalled.

(3.) Learned counsel Shri Pitaliya representing the respondent urges that the appellants are rank trespassers on the property owned by the applicant respondent. The appellants had executed an agreement to sale the property to the respondent but till date, the possession continues to be that of the appellants and hence, the sale deed executed in favour of Smt. Manju has not become effective. Shri Pitaliya further submitted that the order dated 08.12.2017 was passed in presence of the appellants' counsel who was well aware of the circumstances prevailing as on that date and hence, there is no reason to modify or recall the order dated 08.12.2017.