State Of Rajasthan Through ... vs Mithlesh Kumari W/O Late Shri ...
2021 Latest Caselaw 7681 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR


          S.B. Civil Misc. Stay Application No.2231/2020


                                       In

               S.B. Civil First Appeal No. 667/2020

State Of Rajasthan Through District Collector and Ors.
                                                                  ----Appellants
                                   Versus
Mithlesh Kumari W/o Late Shri Verendar Singh and Anr.
                                                                ----Respondents

For Appellant(s) : Mr. Rohit Choudhary, Advocate For Respondent(s) : Mr. Naresh Kumar Singhal, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

15/12/2021

Heard learned counsel for the parties on the stay

application.

Havind regard to the submission made by learned

counsel for the parties and the facts and circumstances of this

case, operation & execution of the impugned judgment & decree

dated 07.02.2020 passed by the Additional District Judge No.1,

Bharatpur (for short 'the trial Court') in Civil Suit No.16/2018 is

stayed on the condition that the appellants-defendants shall

deposit recoverable amount of Rs.16,59,080/- with the trial Court

concerned within two weeks from today. On such deposit being

made, the respondents-plaintiffs shall be at liberty to withdraw the

said amount on their furnishing a solvent security and an

undertaking on oath to the effect that if the appellants-defendants

(2 of 2) [CFA-667/2020]

ultimately succeed in the appeal, the said amount shall be

refunded by them to the appellants-defendants with interest @

6% per annum from the date of withdrawal till refund.

Stay application stands disposed of.

(PRAKASH GUPTA),J

Mohit58

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