Hazi Mohammad Hayat Rizvi vs Dr Ikbal Agwani
2022 Latest Caselaw 2619 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 211/2018

Hazi Mohammad Hayat Rizvi
                                                                  ----Appellant
                                   Versus
Dr Ikbal Agwani
                                                                ----Respondent

For Appellant(s) : Mr. Raghu Nandan Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

29/03/2022

Appellant-defendant by way of this first appeal has assailed

the judgment and decree dated 20.01.2018 passed by Additional

District & Sessions Judge No.18, Jaipur Metro City, Jaipur in

regular suit No.97/2012 whereby the money decree for recovery

of Rs.4,35,186/- with simple interest at the rate of 6% per annum

has been passed against him.

Learned counsel for appellant submits that respondent-

contractor claimed due amount for repairing of his house,

although, the appellant paid his dues. However, the trial court has

decreed the suit against the appellant.

Heard.

Admit.

Notices were already issued to respondent.

As per office report, despite service, no one has put in

appearance on behalf of respondent.

Having heard counsel for appellant and perusal of impugned

judgment, the first appeal requires consideration.

(2 of 2) [CFA-211/2018]

Issue notice to respondent for hearing of appeal.

Considering the nature of dispute of which the money decree

has been passed, if the appellant deposits 50% of the decretal

amount with interest within a period of four weeks from today

before the trial court, the execution of the remaining amount shall

remain stayed.

On deposition of such amount, the same shall be disbursed

to respondent-decree holder on furnishing an undertaking that in

case, the appellant succeeds in appeal, he will restitute the

amount.

The trial court may complete the exercise of deposition and

disbursement of compensation, as mentioned above, thereafter

shall send the record to this Court.

Application for early hearing is disposed of.

(SUDESH BANSAL),J

SAURABH/46

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