Suresh Kumar Suwalka S/O Bajrang ... vs Chandra Shekhar Duseja S/O Sh. ...
2022 Latest Caselaw 3050 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 93/2022

Suresh Kumar Suwalka S/o Bajrang Lal Sawalka
                                                                  ----Appellant
                                   Versus
Chandra Shekhar Duseja S/o Sh. Bhojraj Duseja,
                                                                ----Respondent

For Appellant(s) : Mr. Harish Agrawal For Respondent(s) : Mr. Yogesh Tailor for Mr. Vimal Chand Chaudhary

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

11/04/2022 Appellant-defendant has filed this first appeal, assailing

judgment and decree dated 27.08.2021 passed by Additional

District Judge No.4, Jaipur Metropolitan II in Civil Suit No.23/2019

whereby suit for recovery of amount of Rs.5 lac along with interest

@6% per annum.

It appears that there was some loan transactions between

parties in relation to which impugned decree has been passed.

Having heard counsel for both parties.

Appeal is admitted.

Counsel has put in appearance on behalf of respondent,

notices need not be issued.

In case appellant deposits a 50% of decreetal amount

including interest within a period of four weeks before the trial

Court, the execution of recovery of remaining amount pursuant to

impugned judgment and decree shall remain stayed.

(2 of 2) [CFA-93/2022]

On deposition of such amount, the same may be disbursed

to decree holder with furnishing a written undertaking that in case

appellant succeeds in appeal, he will restitute the amount to

appellant.

It is made clear that in case of non-deposition of amount,

respondent decree holder shall free to proceed with the execution

proceedings.

Record of the trial Court be sent back in order to complete

proceedings of deposition and disbursement of amount mentioned

hereinabove and after completing the same record be returned to this

Court.

With aforesaid observations, stay application stands disposed

of.

(SUDESH BANSAL),J

NITIN/72

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