Nagar Parishad Bundi vs Smt. Sushila Devi W/O Late Shri ...
2021 Latest Caselaw 7713 Raj/2

                                                     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                                 BENCH AT JAIPUR

                                                       S.B. Civil Misc. Stay Application No.2228/2020
                                                                               In
                                                            S.B. Civil First Appeal No. 665/2020
                                    Nagar Parishad Bundi
                                                                                                                 ----Petitioner
                                                                               Versus
                                    Smt. Sushila Devi W/o Late Shri Bhanwarlal and Ors.
                                                                                                              ----Respondents

For Petitioner(s) : Mr. Nitin Sinsinwar, Advocate For Respondent(s) : Mr. Umesh Kumar Sarangi, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

16/12/2021 Heard learned counsel for the parties on the stay

application.

Having regard to the facts and circumstances of the case,

operation/execution of the impugned judgment and decree dated

09.01.2020 passed by the District Judge, Bundi is stayed on the

condition that the appellant-defendant deposits the entire decretal

amount within two months from today with the trial court. On such

deposit being made, the respondents-plaintiffs shall be at liberty to

withdraw 50% out of the said amount on their furnishing a solvent

security and an undertaking on oath to the effect that if the defendant-

appellant ultimately succeeds in the appeal, the said amount shall be

refunded by them to the appellant-defendant with interest @ 6% per

annum from the date of withdrawal till refund. The remaining 50% of

the amount be invested in the FDR in a nationalised bank initially for a

period of one year which shall be renewed from time to time till disposal

of the appeal.

The stay application stands disposed of.

(PRAKASH GUPTA),J

KuD/Mohit/10-11

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