Citation : 2022 Latest Caselaw 14292 Raj
Judgement Date : 5 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 525/2022
1. Ajmer Vidyut Vitran Nigam Ltd., Through Assistant Engineer, Ajmer Vidyut Vitran Nigam Ltd. Chitawa, Tehsil Kuchaman City, Dist. Nagaur (Rajasthan).
2. Superintending Engineer (P And S), Ajmer Vidyut Vitran Nigam Ltd., Nagaur District Nagaur, Rajasthan.
3. Chairman, Ajmer Vidyut Vitran Nigam Ltd., Ajmer, Rajasthan.
----Appellants
Versus
1. Bhagwati Devi W/o Girdharilal, Aged About 30 Years, R/o Thoriyo Ki Dhani, Tan Ghatawa, Dist. Nagaur, Rajasthan.
2. Pooja D/o Girdhari Lal, Aged About 8 Years, Being Minor Through Natural Guardian Mother Bhagwati Devi W/o Shri Girdharilal, Aged 30 Years R/o Thoriyo Ki Dhani, Tan Ghatawa, Dist. Nagaur, Rajasthan.
3. Rohit S/o Girdhari Lal, Aged About 8 Years, Being Minor Through Natural Guardian Mother Bhagwati Devi W/o Shri Girdharilal, Aged 30 Years R/o Thoriyo Ki Dhani, Tan Ghatawa, Dist. Nagaur, Rajasthan.
4. Kanaram S/o Boduram, Aged About 53 Years, R/o Thoriyo Ki Dhani, Tan Ghatawa, Dist. Nagaur, Rajasthan.
5. Kishani Devi W/o Shri Kanaram, Aged About 52 Years, R/ o Thoriyo Ki Dhani, Tan Ghatawa, Dist. Nagaur, Rajasthan.
----Respondents
For Appellant(s) : Mr. Kapil Purohit
For Respondent(s) : Mr. Shashikant Joshi
(2 of 2) [CFA-525/2022]
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
05/12/2022
Heard.
Admit. No need to issue notice to the respondents as
Mr. Shashikant is appearing on behalf of respondents.
Call for the record.
Having regard to the facts and circumstances of the case, it
is considered appropriate and hence ordered that in the
meanwhile, if the appellants deposit 50% of the decretal amount,
along with the interest, as mentioned in the impugned judgment
and decree, before the learned Trial Court within a period of one
month, the recovery of the remaining amount under the impugned
judgment and decree dated 08.09.2022 shall remain stayed.
The deposited amount may be disbursed to the claimants in
the manner and proportion as contemplated in the impugned
judgment and decree along with the undertaking that if the
appellants in the present appeal succeeds, he/she/they shall
refund the same alongwith interest in accordance with law.
It is made clear that the amount previously deposited by the
appellants, if any, shall be adjusted towards the said amount.
(MADAN GOPAL VYAS),J 7-Bharti/-
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