HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 725/2022
Ajmer Vidyut Vitran Nigam Ltd.
----Appellant
Versus
Mannaram @ Manaram S/o Shri Ishwar
----Respondent
For Appellant(s) : Ms. Anuradha Upadhyay For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 31/01/2023 Heard.
Application under Section 5 of Limitation Act is allowed for the reasons mentioned therein and the delay of 8 days in filing the appeal is condoned.
Issue notice to the respondents of the appeal as well as stay application.
List after eight weeks.
In the meantime, operation/execution of the impugned judgment and decree dated 8.7.2022 passed by Additional District Judge No.2, Neem Ka Thana, District Sikar in Civil Suit No.78/2022 is stayed on condition that the appellant shall deposit entire decretal amount with the trial court concerned within a month from today. On such deposit being made, the respondents shall be at liberty to withdraw 50% of the said amount on their furnishing an undertaking on oath to the effect that if the appellant ultimately succeeds in the appeal, the said amount shall be refunded by them alongwith interest @ 6% per annum from (Downloaded on 02/02/2023 at 11:42:55 PM) (2 of 2) [CFA-725/2022] the date of withdrawal till refund. The remaining 50% of the decretal amount be invested in FDR of a Nationalised Bank initially for a period of one year which shall be renewed from time to time.
The application (1/2023) stands disposed of accordingly.
(NARENDRA SINGH DHADDHA),J Brijesh 28.
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