IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 6145 of 2008. [O&M] Date of Decision: 3rd August, 2009. Naresh Kumar Aggarwal Petitioner through Mr. P.L.Singla, Advocate Versus Smt. Somawanti Aggarwal Respondent through Mr. V.K.Jain, Sr. Advocate with Mr. Prashant Vashisht, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) This Revision Petition is directed against the order dated 19.3.2008 passed by the learned Additional District Judge [Fast Track Court], Ambala, whereby the petitioner's application under Section 5 of the Limitation Act for condonation of delay of 68 days in filing of the appeal, has been dismissed and as a result thereto, the appeal has also been ordered to be dismissed. The afore-stated appeal was filed by the petitioner against the judgment and decree dated 6.9.2006 passed by the Civil Judge [Junior Division], Ambala Cantt. Decreeing the suit for mandatory injunction and recovery of mesne-profits filed by none else than the mother of the petitioner. Besides directing the petitioner to hand-over vacant possession of the property [portion of Bungalow No. 126-B, Staff Road, Ambala Cantt.] to his mother, the trial Court directed him to pay mesne-profits @ Rs2000/- per month w.e.f. 24.10.2002, i.e., when the suit was filed. Notice of motion was issued and in response thereto, the respondent – plaintiff has put in appearance. Her learned Senior Counsel states that he has no objection if the application under Section 5 of the Limitation Act filed by the petitioner before the first Appellate Court is accepted and the delay in filing of the appeal is condoned and/or the appeal is decided on merits, provided that the petitioner pays the mesne-profits as awarded by the trial Court. The offer made by learned counsel for the respondent being totally just, fair and reasonable, the revision petition is allowed in terms thereof; the impugned order dated 19.3.2008 is set aside and the application filed by the petitioner under Section 5 of the Limitation Act is accepted and the delay in filing of the appeal is condoned, however, subject to the condition that the petitioner shall pay the mesne-profits @ Rs.2000/- per month as awarded by the trial Court w.e.f. 24.10.2002 within a period of one month from the date a certified copy of this order is received by him. It is made clear that the appeal shall be decided by the Appellate Court only after the petitioner deposits the aforesaid arrears of mesne-profits. If the petitioner pays the mesne-profits within the stipulated period, the appeal shall be decided on merits within three months thereafter. Disposed of. Dasti. August 03, 2009. ( SURYA KANT ) dinesh JUDGE