Mahendra Singh S/O Shri Sahiram vs Gyarsi Lal Jat S/O Omkar Jat
2022 Latest Caselaw 2904 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil First Appeal No. 129/2021

Mahendra Singh S/o Shri Sahiram
                                                         ----Appellant-defendant
                                      Versus
Gyarsi Lal Jat S/o Omkar Jat
                                                         ----Respondent-plaintiff

For Appellant(s) : Mr. Devendra Kumar Bhardwaj For Respondent(s) : Mr. Ajay Goyal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/04/2022

The appellant-defendant has filed this first appeal assailing

the judgment and decree dated 06.02.2021 passed by Additional

District Judge, No.2, Alwar in Civil Suit No.49/2013 (CIS

No.4214/2014) whereby and whereunder the trial court has

declined to pass the decree for specific performance, however

respondent-plaintiff has been allowed to get refund of his advance

amount of Rs.1,77,000/- with interest at the rate of 6% from the

date of institution of the suit.

The civil suit was allowed on the basis of agreement dated

13.08.2012, which is an admitted document between the parties

and the transaction of money of Rs.1,77,000/- is also not in

dispute. However, learned counsel for appellant submits that the

trial court has committed error in decreeing the suit.

Appeal is admitted.

Issue notice.

Since respondent has appeared through advocate, no need to

issue notice.

(2 of 2) [CFA-129/2021]

The impugned judgment and decree dated 06.02.2021 is in

nature of recovery of Rs.1,77,000/- with interest at the rate of 6%,

therefore, it is ordered that in case appellant deposits a lump sum

amount of Rs.1.5/- lakh within a period of eight weeks before the trial

court, the execution for recovery of remaining amount shall remain

stayed. On deposition of said amount, deposited amount Rs.1.5/-

lakh may be disbursed to respondent-plaintiff.

It is made clear that if appellant-defendant will not deposit

the aforesaid amount, respondent-plaintiff may proceed with the

execution proceedings.

The trial court may first complete the exercise of deposition and

disbursement of compensation, as mentioned above, thereafter shall

send the record to this Court.

Stay application stands disposed of.

(SUDESH BANSAL),J

TN/21

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