Cpc o.xxxix r.10 read with xv-a
Surrender K Singal
(Querist) 20 December 2013
This query is : Resolved
Since the Defendant, being unauthorised occupant of plaitiff's property, has been delaying court proceedings on one or other pretexts, what could be a better course to seek Court's directions under CPC to get monthly mesne profits / compensation for such continuing enjoyment of the property without any rent etc., even though injunction u/O.XXXIX R.1&2 is already in force, in the pending Civil Suit for recovery of possesion; I.A. u/O.XII R.6 for judgement on admission has been getting adjourned for last 26 months, inspite of both the litigants being Senior Citizens
R.K Nanda
(Expert) 20 December 2013
FILE APPLICATION U/S 151 OF CPC IN COURT PRAYING TO COURT TO PASS ORDERS AGAINST DEFENDANT TO DEPOSIT MESNE PROFITS/COMPENSATION IN COURT TILL DECISION OF CASE.
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
A petition seeking a direction to defendant to deposit the mesne profit amount to the court until further proceedings could be conducted may be filed for proper adjudication.
Rajendra K Goyal
(Expert) 21 December 2013
Agree with the experts, nothing more to add.