RSA No.2208 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2208 of 2009 Date of Decision: July 07 , 2009 Ramesh Chander Bhog ...... Appellant Versus Manu Bhog ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. S.K.Rishi, Advocate for the appellant. Mr. A.S.Chadha, Advocate for the respondent-caveator. **** 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? Ajay Tewari, J. This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent for mandatory injunction directing the appellant to vacate that portion of the disputed property which is in his possession. After arguing for some time learned counsel for the appellant has prayed for permission to withdraw the appeal subject to the condition that he be granted some time to vacate the premises and some reduction in the amount of damages awarded ( Rs.5000/- w.e.f.1.4.2005). With a little difficulty learned counsel for the respondent has expressed his willingness to consider the offer provided this Court can ensure the payment of all the RSA No.2208 of 2009 2 arrears and timely vacation of the premises. In my opinion the ends of justice will be met if the appellant is granted time uptil 31.12.2009 to vacate the premises. The amount of mesne profits is also reduced from Rs. 5000/- to Rs. 4000/- per month. Mesne profits had been awarded w.e.f. 1.4.2005 and up to 31.12.2009 it would amount to 57 months. The total amount thus recoverable would come to Rs. 2, 28, 000/-. Learned counsel for the appellant has agreed that the appellant shall pay Rs. 38,000/- per month towards mesne profits. It is directed that the first instalment shall be paid within 10 days from today and the succeeding instalments would be paid in advance on or before the first of every month. All payments be made by bank drafts. The appellant shall also within the aforesaid period of 10 days file the usual undertaking before this Court in terms of the above order. It is further made clear that in the event of any default (either of payment or of vacation) the benefits granted to the appellant shall be deemed to have been withdrawn and the respondent shall be entitled to execute the decree as passed by the Courts below. With these observations this appeal is dismissed as withdrawn. (AJAY TEWARI) JUDGE July 07 , 2009 sunita