Chandrashekhar Sharma S/O Shri ... vs Gulab Giri S/O Mahant Shri ...
2022 Latest Caselaw 1422 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 486/2021

Chandrashekhar Sharma S/o Shri Balmukund Sharma
                                                                  ----Appellant
                                   Versus
Gulab Giri S/o Mahant Shri Banshidhar
                                                                ----Respondent

For Appellant(s) : Mr. Pradeep Kumar Chaudhary, Advocate through VC For Respondent(s) : Mr. Saransh Saini, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

10/02/2022

Heard.

Appeal is admitted.

Since respondent is duly represented by his counsel,

fresh notice need not be issued to him.

Let a reminder be issued to the trial Court for send the

record to this Court immediately.

S.B. Civil Misc. Stay Application No. 3924/2019

Heard learned counsel for the parties on the stay

application.

Having regard to the submissions made by learned

counsel for the parties, execution and operation of the impugned

judgment and decree dated 29.10.2021 passed by the learned

Additional District and Sessions Judge No. 1, Ajmer in Civil Suit

No.72/2011 is stayed till further orders provided the appellant

deposits arrears of rent, as directed by the trial Court, within one

month from today in the bank account of the respondent. The

(2 of 2) [CFA-486/2021]

learned counsel for the respondent has given the bank account

details of the respondent i.e. A/c No. 0825000100087124 of

Punjab National Bank, Pushkar, Ajmer-305022. Further, in case,

the arrears of rent, as directed above, are not deposited within the

said period, the respondent shall be at liberty to execute the

decree without further reference to the Court.

Further, the respondent will furnish an undertaking on

oath to the satisfaction of the trial Court to the effect that in case

the appeal is allowed and he is not found entitled to any arrears of

rent/mesne profit, the money so received by him under this order,

same shall be refunded back to the appellant with interest @ 6%

per annum. The same shall submitted within fifteen days from

today.

Further, the respondent shall be at liberty to file an

application for mesne profit.

(PRAKASH GUPTA),J

MR/4

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