Amar Dass vs . Trilok Dass
2022 Latest Caselaw 5682 HP

Amar Dass Vs. Trilok Dass

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RSA No. 120 of 2015

15.7.2022 Present: Mr.Sanjeev Kuthiala, Senior Advocate, alongwith Ms.Garima Kuthiaila, Advocate, for the appellants.

Mr.Maan Singh, Advocate, for the respondents.

CMP Nos. 6827 & 9236 of 2022

Appellants have suffered a decree whereby they

have been directed to deposit 88,83,408/- alongwith interest

in a nationalized bank. For non-deposit of the amount

respondents/plaintiffs have filed execution petition for recovery

of amount, wherein for non-payment of amount, property of

defendant/appellant No. 1 Amar Dass has been attached by

the order of the Court.

Vide order dated 26.9.2019, passed in present

appeal, execution of impugned judgment and decree was

stayed by this Court, but subject to deposit of decreetal amount

in the Registry of this Court.

The appellants could not deposit the entire

decreetal amount and deposited only 45,00,000/- in

September, 2020. In order dated 29th September, 2020, it was

observed by this Court that failure in deposit of entire amount

shall result into automatic vacation of stay and it was reiterated

in order dated 9.3.2021.

Thereafter, applicants/appellants entered into an

agreement to sell of a portion of his property comprised in

Khasra No. 3188/1349 min and 3188/1349 min, Kita 2 of the

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share of appellant, measuring 1-17-0 bigha with Shyam Dev

Sharma, who with permission of the Court has deposited

balance principal amount of 43,83,408/- in the Registry of this

Court.

Now these applications have been filed seeking

permission to execute sale deed of the aforesaid portion of the

land owned and possessed by appellant No. 1 Amar Dass.

Though appellants have not deposited interest on

the principal amount, however, it has been informed by learned

counsel for the parties that parties are interacting with each

other for amicable settlement.

In aforesaid circumstances, learned counsel for the

respondents, under instructions, has communicated no

objection for allowing sale of portion of property/land owned

and possessed by the appellant No. 1, as proposed and

agreed in agreement to sell, placed on record, entered

between Amar Dev and Shyam Dev Sharma.

Learned counsel for the appellants submits that to

show his bonafide, appellant No. 1 has proposed that balance

amount of sale consideration may also be ordered to be

deposited in the Registry of this Court.

In aforesaid facts and circumstances, applicant

Shyam Dev Sharma is permitted to deposit the balance

amount of sale consideration in the Registry of this Court and

for doing so he may prepare a Demand Draft for payment of

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balance amount of sale consideration in the name of Registrar

General of H.P. High Court Shimla and by mentioning it in the

sale deed the payment towards sale consideration and sale

deed be executed in his favour with respect to property

referred supra. Demand Draft be tendered for deposit in the

Registry of this Court on or before 31st August, 2022. The Sub

Registrar-cum-Tehsildar, Kullu is directed to register the sale

deed, if it is otherwise permissible under law. The sale deed

be executed on or before 7th September, 2022

The aforesaid property/land, subject matter of

agreement to sell/sale, is ordered to be released from

attachment, ordered by the Executing Court, for the purpose of

proposed sale, but rest of the property shall remain attached till

further orders to be passed by the Court.

The applications stand disposed of.

RSA No. 120 of 2015

List for consideration on 16th September, 2022.

(Vivek Singh Thakur), Judge.

15th July, 2022 (Keshav)

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