RFA/848/2018 of SUNIL KUMAR GOEL Vs KRISHNA KUMARI & ANR
Parties
- SUNIL KUMAR GOEL (PETITIONER)
- KRISHNA KUMARI & ANR (RESPONDENT)
Cited by (3)
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*IN THE HIGH COURT OF DELHI AT NEW DELHI+RFA 848/2018 and C.M. No.42594/2018 (stay)
SUNIL KUMAR GOEL..... AppellantThrough:Mr. Harpreet Singh, Advocate withMr. Rajesh Gupta, Advocate.
versus
KRISHNA KUMARI & ANR
..... RespondentsThrough:Mrs. Kajal Chandra, Advocate withMs. Prerna Chopra, Advocate, Mr.VirenKapur,AdvocateandMs.Divye Puri, Advocate.
CORAM:HON'BLE MR. JUSTICE VALMIKI J. MEHTA
O R R%15.01.2019
This appeal is disposed of with the consent order that the
impugned judgment is modified in that the decree against the appellant willbe for 2/3[rd]of the decretal amount and not the entire decretal amount interms of the impugned judgment dated 7.6.2018. This 2/3[rd]of the decretalamount will be in full and final satisfaction of the claim of the respondentno.1 in the suit. Whatever amount has been paid/deposited by the appellantin this Court be released to the respondents alongwith accrued interest inappropriate satisfaction of the impugned judgment and decree as modifiedRFA No.848/2018page 1 of 2
by today’s order, however, this Court is not making any observations as towhether appellant has deposited 2/3[rd]of the decretal amount in this Courtinasmuch as 2/3[rd]of the decretal amount payable as on the date of theimpugned judgment and decree had to be deposited in this Court.
2.It is also clarified that since the impugned judgment decrees themesne profits for particular period, in case the respondent no.1 hasreceived any charges for the period for which mesne profits has beendecreed by the trial court, such amount will be liable to be adjusted tocalculate the 2/3[rd]of the decretal amount which is payable.Appellant willhowever be entitled to adjustment in terms of the impugned judgment of thetrial court.
3.Appeal is accordingly disposed of in terms of aforesaid consentorder.
JANUARY 15, 2019Ne
VALMIKI J. MEHTA, J
RFA No.848/2018
page 2 of 2