THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
APPEAL SUIT No.2580 of 2003
JUDGMENT:
This appeal is filed against the Judgment and decree of the trial Court in O.S.No.73 of 1997 dated 24.01.2003.
Plaintiffs filed suit for damages of Rs.3,00,000/-. The trial Court after considering the entire evidence on record decreed the suit partly and directed the defendants to pay Rs.2,00,000/- with interest at the rate of 10% per annum from the date of suit till the date of realization. Aggrieved by said Judgment, defendant No.1 preferred the present appeal.
This Court by order, dated 26.09.2003, granted interim stay of execution of decree on condition of the appellant/defendant No.1 depositing half of the decretal amount within a period of six weeks from that day. Since the appellant failed to deposit the amount within the time stipulated, this Court, on 17.11.2003, again granted six weeks time to comply with the said order. Subsequently, the appellant filed ASMP No.359 of 2005 stating that on account of his absence in the country, necessary arrangements could not be made for compliance of the orders of this Court and now he is prepared to comply with the conditional order of this Court. Since the 2 learned Counsel for the respondents/plaintiffs did not oppose the same, this Court, by order dated 07.03.2005, granted further four weeks time for depositing the amount.
The learned Counsel for the respondents/plaintiffs submits that the half of the decretal amount is not yet deposited till date even after granting extension of time to the appellant/1st defendant.
In view of the aforesaid facts and circumstances of the case, this Court finds that in spite of granting time to deposit the half of the decretal amount to the appellant/defendant No.1 from 2003 to till date, he failed to deposit the same. Therefore, the appeal is not maintainable and is liable to be dismissed.
In the result, the appeal is dismissed. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ JUSTICE P.SREE SUDHA Dated: 26.12.2022 tri 3 THE HONOURABLE SMT. JUSTICE P.SREE SUDHA APPEAL SUIT No. 2580 of 2003 26.12.2022 TRI