Naresh vs Sheikh Saifuddin
2021 Latest Caselaw 19043 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 104/2021

1. Naresh S/o Narvada Shankar Bhatt, Aged About 39 Years, Samliya, Tehsil Sagvara, Dis. Durgarpur

2. Jayprakash S/o Lalshankar Joshi, Aged About 41 Years, Padardi, Badi, Tehsil Sagwara, Dis. Dungarpur

3. Prakashchandra S/o Maanshankar, Aged About 38 Years, Divda Chhota, Tehsil Sagwara, Dis. Dungarpur

----Appellants Versus Sheikh Saifuddin S/o Haidar Ali Hameedvala, Mohammadiya, Gada Jasrajpur Bohra Colony, Tehsil Galiyakot, Dis. Dungarpur

----Respondent

For Appellant(s) : Mr. Sanjay Mathur For Respondent(s) : Mr. Mahaveer Pareek

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment / Order

14/12/2021

The matter comes up for consideration of application filed by

the appellants under Section 149 CPC seeking extension of time

for filing the balance court fees.

For the reasons mentioned in the application, the same is

allowed. The court fees filed by the appellants is accepted.

With the consent of the parties, the appeal is heard for

admission.

Learned counsel for the appellants submits that respondent-

plaintiff filed suit for recovery of memo on the basis of one

document dated 23.05.2012, which is forged document.

Learned counsel for the respondent submits that this

document dated 23.05.2012 is not forged but the appellant-

(2 of 2) [CFA-104/2021]

defendants have admitted their signatures on this document,

whereunder the defendants took Rs.15,98,000/- for their need

from the plaintiff.

Admit.

Since the respondent has put in appearance, no need to

issue notices.

Heard on the stay application.

In case, the appellants deposit the principle amount of

Rs.15,98,000/- before the trial court within a period of ten weeks,

the execution of the impugned judgment and decree with interest

shall remain stayed. On deposition of the said amount, the same

may be disbursed to the respondent decree holder on furnishing

an undertaking that in case, the appellants succeed in the first

appeal, the amount shall be restituted to the appellants with

interest at the rate of 6% per annum.

In case, the appellants remain fail to deposit the amount

within stipulated period, the execution of the judgment and decree

shall continue.

The trial court after completing the proceedings of deposition

and disbursement of the amount as mentioned herein-above, may

send the record to this Court.

Stay application stands disposed of.

(SUDESH BANSAL),J

55-Taruna/-

Powered by TCPDF (www.tcpdf.org)