Full Text
RFA 847/2016
SALIM&ANR Appellants
Through:Mr.ManuParashar,Advocate with appellantNo.1 in person.
Through:Mr.Javed Ahmed and Mr.Anis Ahmed, Adypc^ds.:; f;
07.022QiT-|||y- . • ■ I
;■ • . . . ..5 '.
The appellant/defendant .Nb4|is|^^eve the jiMgment dated
04.8.2016 passed.by the MmelAtriM^ a suit for possession, mesne profit, damages '. and injunction instituted by the respondent/plaintiff who^hai^i^gb^die;s^t^m4aw (elder brother's wife of the appellant).
JUDGMENT
2. Under the impugned judgment, the learned trial court passed a decree ofpossession andpermanent injunctionin favour ofthe respondent/plaintiff and against the appellants/defendants and awarded damages/mesne profit against the appellants/defendants @ Rs.4,000 per month from the date of institution of the suit i.e. with effect from 22.4.2014, till the date ofhanding overpossessionthereofalongwith8%interest andcosts ofthe suit. RFA 847/2016 ^ 2017:DHC:8922
3. After addressing arguments for some time, learned counsel for the appellants/defendants fairly states that instead of pressing the appeal on merits, the appellant may be granted one month's time to vacate the suit premises. He further states that the respondent may be called upon not to insist on the interest awarded on the principal amount decreed in her favour and waive the costs ofthe suit.
4. Learned counsel for the respondent/plaintiff states in all fairness that ifthe appellants/defendant hand over the vacant peaceful possession ofthe suit premises to the respondent/plaintifffon pr before 10.3.2017 and pay the principal amount as decreed underthe imputedjudgmentdated 04.8.2016, his client shall forpgp the'interest component and ndfinsist on recovery of the costs ofthe suit.;;He assures the couft'^that his clierit shall not press the execution petition till 10.3.2017. ' • ■ "i ■ -..:ii
5. In view ofthe submissions madejhdrein above,the present appeal is disposed ofas not pressed. "• £
6. The appellants/defehdantsture|'gfhntd^^ to vacate the suit premises. The^appsll^hJs/defendantsr's^^ over the vacant peaceful possession of the'^jsiiiLlpf^ises to tlfeffe^spondent/plaintiff by 10.3.2017,againstreceipt.They'sMfl'^ek alfthe outstanding electricity and watercharges and hand over proofofpaymenttothe respondent/plaintiffby the cut-off date. The appellants/defendants shall also pay the principal amount awarded in favour of the respondent/plaintiff, on or before 10.3.2017.
7. If the appellants/defendants adhere to the settlement recorded hereinabove, then the respofident/plaintiff shall waive the interest and the costs of the suit awarded in her favour. In the event of default, the RFA 847/2016 ^ respondent/plaintiff shall be entitled to seek execution of the impugned judgmentand decree,as it stands.
8. While binding the parties to the settlementrecorded above,the appeal is disposed of. HIMAKOHLI,J FEBRUARY 07,2017 ap i >1 ^'1- 'i,. 4 H'.\: t ^3- I t -v. Ci I ri P'J'; ' >, t i'--. u i ■' i =-A',-