Miraben vs Minaxidevi on 24 January, 2011

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AO/288/2010	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

APPEAL
FROM ORDER No. 288 of 2010
 

With


 

APPEAL
FROM ORDER No. 375 of 2010
 

With


 

CIVIL
APPLICATION No. 10438 of 2010
 

With


 

CIVIL
APPLICATION No. 15527 of 2010
 

 
=========================================================


 

MIRABEN
W/O WADHUMAL PARASMAL PARIYANI - Appellant(s)
 

Versus
 

MINAXIDEVI
W/O SHIVBHAWAN CHAUDHARI - Respondent(s)
 

=========================================================
 
Appearance : 
MR
BP MUNSHI for
Appellant(s) : 1, 
MR NEHAL R JOSHI for Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

	
       Date : 24/01/2011 

 

 
ORAL
COMMON ORDER 

 

 


 

1.		 ADMIT.
Mr. Joshi, learned counsel waives service of admission on behalf of
the respondent. With the consent of the parties the matter is taken
up for hearing today. 

 

 


 

2.		Both
these appeals arise out of the common order passed by the learned
City Civil Court, Ahmedabad in  order below Notice of Motion Exh.6/7
filed in Civil Suit No. 614 of 2008 and  Chamber Summons Exh. 21/22
filed in Civil Suit No. 1145 of 2008, whereby the Notice of Motion
Exh.6/7 was dismissed and Chamber Summons Exh. 21/22 was partly
allowed directing the defendant of Civil Suit No. 1145 of 2008 to
deposit mesne profit of Rs.6,000/- per month from the date of
filing of the Civil Suit No. 614 of 2008 and regularly every month
till further order.
 

 


 

3.		Heard
learned counsel for the respective parties.  During the course of
hearing, a consensus has been arrived at between the parties and on
that basis, the following order is passed.
 

 


 

4.		On
the facts an circumstances of the case, the trial Court ought not to
have decided the issue of mesne profit in Notice of Motion
proceedings. The appropriate course for the trial Court was to keep
the issue of mesne profit pending and render its decision
while disposing the suit finally. Hence, the directions regarding the
payment of mesne profit is quashed and set aside. However, so
far as the payment of mesne profit of Rs.6,000/- is concerned,
the same is modified to the extent that out of the said, an amount of
Rs.3,500/-shall be paid to the original owner-respondent herein
towards the rent every month and the balance amount of Rs.2,500/-
shall be deposited in any Nationalized Bank every month.  Such
deposit shall be made on or before 10th of every month. 
It is, however, directed that the trial Court shall consolidate both
the suits and dispose of the suits in question expeditiously. It is
observed that the amount deposited in the Bank shall not be allowed
to be withdrawn the same shall be subject to the final outcome of the
suits in question. 

 

 


 

5.		With
the above directions, the appeals stand disposed of to the above
extent with no order as to costs.
 

 


 

[K.S.
JHAVERI, J.]
 


 


 

 ORDER

IN CIVIL APPLICATIONS :-

In
view of the order passed in the main matter, these applications will
not survive and the same stand disposed of accordingly.

[K.S.

JHAVERI, J.]

/phalguni/

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