Vijay Kumar S/O Shri Shivdayal vs Chandrakanta Joshi W/O Lt. Shri ...
2022 Latest Caselaw 4239 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 579/2019

Vijay Kumar S/o Shri Shivdayal
                                                                      ----Appellant
                                    Versus
Chandrakanta Joshi W/o Lt. Shri Giriraj Prasad Gautam & Ors.
                                                                   ----Respondents

For Appellant(s) : Mr. Prem Shanker Sharma For Respondent(s) : Mr. Amit Jindal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

27/06/2022

Appellant-defendant has filed this first appeal against

judgment and decree dated 10.04.2019 passed by the court of

Additional District Judge, Sawai Madhopur in Civil Suit No.05/2009

whereby and whereunder respondents-plaintiffs have been held

entitled to recover the principal sum of Rs.1,00,000/- along with

interest @9% per annum.

Heard counsel for both parties.

This appeal is admitted.

Issue notice to respondents-plaintiffs.

Since respondents have already appeared through their

counsel, no need to issue notices.

Heard on stay application.

In case appellant deposits 50% of decreetal amount along

with interest within a period of four weeks before the trial court,

execution of impugned award shall remain stayed.

If, the compensation amount so deposited, the same be

disbursed to plaintiffs through their saving bank accounts

(2 of 2) [CFA-579/2019]

furnished by them on furnishing the written undertaking that in

case, appellant succeeds in appeal they will return the same

amount with interest @9% per annum.

Accordingly, it is needless to say that if appellant does not

deposit the amount as mentioned hereinabove, respondents would

be free to proceed for execution of impugned decree during the

course of this first appeal.

Stay application stands disposed of.

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.

(SUDESH BANSAL),J

SAURABH/10

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