Delhi High Court - Orders
Gopi Chand vs Gurdeep Kaur on 9 August, 2024
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~7 & 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 263/2017 & CM APPL. 27856/2023
GOPI CHAND .....Appellant
Through: None.
versus
GURDEEP KAUR .....Respondent
Through: PoA/ Husband of respondent in
person.
8
+ RFA 312/2017
GOPI CHAND .....Appellant
Through: None.
versus
GURDEEP KAUR & ORS .....Respondents
Through: Respondent No.2/Attorney of
respondent No.1 in person.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
ORDER
% 09.08.2024 CM APPL. 27856/2023 in RFA 263/2017
1. The instant application has been filed by the Respondent seeking for interim directions as follows:-
a) Pass appropriate directions for disbursal of monies lying deposited with this Hon'ble Court in RFA No. 263/2017 in favor of the Respondent herein;
b) Pass appropriate directions against the Appellant to pay mesne profits/compensation with effect from 02.01.2017 till the date of handing over the possession of property bearing No. 35/15, Third Floor, Old Rajinder Nagar, New Delhi - 110 060, at the market value of Rs. 40,000/- (Rupees Forty Thousand only) per month, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 22:58:37 alongwith interest @ 18% p.a.;
c) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
2. This Court vide order dated 07.03.2017 stayed the impugned judgment and decree subject to the appellant depositing the decretal amount. For the sake of convenience, the order dated 07.03.2017 is reproduced as under:-
"2. Subject to the appellant/defendant depositing 50% of the decretal amount with upto date interest along with costs imposed in the impugned judgment and decree within four weeks, and the remaining 50% thereof within four weeks thereafter, operation of the impugned judgment and decree shall remain stayed.
3. Immediately upon receipt of the aforesaid amount, the Registry shall place the same in a FDR, initially for a period of one year to be renewed thereafter from time to time, till further orders.
4. It is made clear that in the event the appellant does not deposit the first instalment, i.e., 50% of the decretal amount with upto date interest and costs in terms of the order passed above within the time stipulated, then the respondent shall be entitled to seek execution of the judgment and decree in accordance with law, subject to restitution in the event the appellant ultimately succeeds in the appeals."
3. Today when the matter is called out in the first round, the same was requested to be kept in passover by learned counsel for the appellant. In the second round, again a request for passover is made, which is also acceded to. However, when the matter is again called out in the third round i.e. in post-lunch session, again a request for passover was made by the appellant and accordingly, the Court rejected the said request.
4. It be noted that the respondent's representative i.e. her husband who appears in person before this Court submits that he has brought on record the emergent need of atleast Rs.17 lakhs for availing necessary medical This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 22:58:37 treatment. He further submits that he is entitled for mesne profit @ Rs.40,000/-. He has substantiated the prayer on the basis of the lease agreements which have been placed on record alongwith this application which relates to adjoining property where the market rate is much higher than the amount determined by the trial court. Paragraph No.11 of the application reads as under:-
"11. That, accordingly, the present application is being filed by the Respondent herein seeking directions, inter alia, to the effect that the existing deposit made by the Appellant in the captioned appeal may be disbursed to the Respondent in order to meet the medical needs for herself and her husband, as also direct deposit of mesne profits in respect of the subject-matter property with effect from 02.01.2017 till the date of actual vacation of the subject-matter property at the rate of Rs. 40,250/- (Rupees Forty Thousand Two Hundred and Fifty only) per month. That in support of the said market rent, the following lease deeds are being placed on record:
a) Lease Deed dated 16.01.2015 in respect of neighborhood property bearing No. 7/50, Second Floor, Old Rajinder Nagar, New Delhi, on land admeasuring 88 sq. yds. at the monthly rental of Rs. 40,250/- (Rupees Forty Thousand Two Hundred and Fifty only);
b) Lease Deed dated 17.05.2022 in respect of property bearing No. 1-A, Ground Floor, 35/16, Old Rajinder Nagar, New Delhi, on land admeasuring 70.29 sq. ft. at the monthly rental of Rs. 39,930/- (Rupees Thirty-Nine Thousand Nine Hundred and Thirty only).
True copy of rent/ lease deeds of comparable properties in the nearby area is annexed hereto and marked as ANNEXURE-A2 (COLLY)."
5. The appellant on notice being issued on this application, placed on record the reply to the said application. The appellant has made various averments and denied the submissions made in the applicant's application. He, however, is unable to satisfy this Court, as to whether the appellant is in continuous deposition of the amount as has been directed by the interim order dated 07.03.2017 passed by this Court. The appellant appears to have This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 22:58:37 deposited the amount upto the December, 2016. However, there appears no proof of the deposition of mesne profit from 02.01.2017 onwards.
6. With respect to the market rate, the appellant is unable to justify as to why the same should not be enhanced from Rs.5,000/- to any appropriate higher amount. However, since no one appears for the appellant at this stage, the Court only directs to deposit the amount which has already been directed vide order dated 07.03.2017 till 31.07.2024 within a period of 14 days from today before the Registrar General of this Court. The Court shall consider whether the same requires to be enhanced on the next date of hearing.
7. List on 27th August, 2024.
RFA 312/20178. List on 27th August, 2024.
PURUSHAINDRA KUMAR KAURAV, J AUGUST 9, 2024 p'ma This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 22:58:37