Somaram S/o Devaji And Others vs Naresh Kumar And Others

Sandeep Mehta, J

The matter comes up for orders on Interlocutory Application No.2/2021 moved by the appellants herein seeking modification of the order dated

25.11.2019 passed by this Court whereby, the stay on the impugned judgment and decree was continued subject to the condition that the appellants

shall continue to pay a sum of Rs.5,000/- per month to the respondents as mesne profit till disposal of the appeal. Now, the interlocutory application

has been moved seeking reasonable reduction in the amount of mesne profit on the ground that in the intervening period, the appellants have suffered

serious economical crisis owing to the COVID pandemic. The land in question is just in excess of 1 Bigha and the appellants are not receiving any

significant profits from the land and thus, they are suffering financial crunch for paying the mesne profit amount of Rs.5,000/- per month.

Shri Narendra Thanvi, learned counsel appearing for the respondents, submits that the appellants have been regularly making payment of the mesne

profit to the respondents and thus, the argument that the appellants have been economically weakened on account of COVID pandemic is not tenable.

I have given my thoughtful consideration to the submissions advanced at bar and, have gone through the contents of the application and the material

placed on record.

The land in question measures just above 1 Bigha and thus, agricultural proceeds from such a chunk of land would not be very significant.

As a consequence, I am inclined to accept the instant interlocutory application and it is directed that the amount of mesne profit to the tune of

Rs.5,000/- per month awarded by this Court to the respondents is reduced and now the appellants shall pay a sum of Rs.2,500/- per month to the

respondents as mesne profit. The order dated 25.11.2019 is modified accordingly.

The interlocutory application No.2/2021 is accepted in these terms.