Ajmer Vidyut Vitran Nigam Limited vs Nayan Parjapat
2021 Latest Caselaw 9211 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 496/2018

1. Ajmer Vidyut Vitran Nigam Limited, through the Executive Engineer (D & V), Ajmer Vidyut Vitran Nigam Limited, Office Hathi Bhata, Ajmer. (Raj.)

2. Ajmer Vidhyut Vitran Nigam Ltd., Sahapura through Assistant Engineer, Ajmer Vidhyut Vitran Nigam Ltd., Kelwara Teshil Kumbhalgarh, District Rajsamand.

----Appellants Versus

1. Nayan Parjapat S/o Shri Panna Lal Kumhar, Aged About 8 Years, B/c Kumhar, R/o Kuncholi Tehsil Kumbhalgarh, District Rajsamand, Minor through the next friend grandfather Nawal Ram S/o Jawaning Kumhar, Prajapat, Aged 71 Years, R/o Kuncholi, Tehsil Kumbhalgarh, District Rajsamand.

2. Nawal Ram S/o Jawaning Kumhar, aged about 71 Years, Prajapat, R/o Kuncholi, Tehsil Kumbhalgarh, District Rajsamand.

3. Smt. Vardi Bai W/o Nawal Ram, aged about 66 Years, R/o Kuncholi, Tehsil Kumbhalgarh, District Rajsamand.

----Respondents

For Appellant(s) : Mr. Shubham Modi For Respondent(s) : Mr. Naresh Khatri

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

09/04/2021

Heard learned counsel for the parties.

Learned counsel for the appellants stated that the execution

proceeding is pending before the learned trial Court and next date

of hearing is 16.04.2021, therefore, effect and execution of

impugned judgment and decree dated 24.07.2019 passed by

(2 of 2) [CFA-496/2018]

learned special Judge, Family Court, Rajsamand in case

No.92/2017 may be stayed.

Per contra, learned counsel appearing on behalf of the

respondents stated that award of Rs.5,74,068/- was passed on

24.07.2018 by learned trial Court but not a single rupee has been

deposited by the appellants till today. He further requested that

appellants may be directed to pay Rs.4 lakh to the respondents.

Having regard to the facts and circumstances of the present

case, in the meanwhile, effect, operation and execution of the

impugned judgment and award dated 24.07.2018 passed by

learned Judge, Family Court, Rajsamand Civil Original Case

No.92/2017 titled as "Nayan & Ors. Vs. A..V.V.N.L & Anr." shall

remain stayed subject to the condition that the appellants shall

deposit 50% of the award amount including interest, after taking

into consideration any other deposit made by the appellant, within

a period of two weeks.

The amount so deposited be disbursed to the claimants in

the terms of the award.

List the matter after two weeks.

(DEVENDRA KACHHAWAHA),J 173-Rashi/-

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