Shri Surendra Nath Pasricha v. Smt Kamla Pasricha And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 252/2016 SHRI SURENDRA NATH PASRICHA ..... Plaintiff Through:

Mr.Satvik Varma, Mr.Tanveer Oberoi, Mr.Nipun Gautam, advocates.

versus SMT KAMLA PASRICHA AND ORS ..... Defendants Through:

Mr.Shivansh Soni, Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 13.02.2019 I.A.627/2019 1.

The plaintiff is seeking modification of para 10 of the judgment dated 10th December, 2018.

Learned counsel for the plaintiff submits that the plaintiff is entitled to interest on mesne profits from the date of the institution of the suit till realization whereas this Court has awarded interest till the date of handing over of the possession. There is merit in the contention urged by learned counsel for the plaintiff. 2.

The application is allowed and para 10 of the judgment dated 10th December, 2018 is modified to the extent that the plaintiff is entitled to interest on the mesne profits from the date of the institution of the suit till realization.

The corrected para 10 of the judgment dated 10th December, 2018 be read as under:

"10. The application is allowed and the plaintiff's suit is decreed for recovery of mesne profits @ Rs.40,000/- per month along with interest @ 7.5% per annum from the date of the institution of the suit till realization."

3.

The decree be drawn in terms of the modification done today. 4.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

FEBRUARY 13, 2019 dk