Rakesh Kumar Bairwa vs Harishankar Choudhary
2022 Latest Caselaw 3602 Raj/2

                                            (1 of 2)                 [CFA-406/2017]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 406/2017

Rakesh Kumar Bairwa S/o Shri Banwari Lal Bairwa, R/o Village
Nala, Tehsil Niwai, District Tonk
                                                                    ----Appellant
                                     Versus
Harishankar Choudhary S/o Shri Gulab Chand, By Caste Jat, R/o
Village Nala, Tehsil Niwai, District Tonk Raj.
                                                                  ----Respondent

For Appellant(s) : Mr. Mohar Pal Meena For Respondent(s) : Mr. Deepak Khandelwal

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

07/05/2022

Heard

Admit.

Issue notice to the respondents. Issue notice of the stay

application also, returnable within six weeks.

Call for the record.

Having regard to the facts and circumstances of the case, it is

considered appropriate and hence ordered that if the appellant deposits

50% of the decreetal amount alongwith the interest as mentioned in the

impugned judgment and decree within the period of one month from

today, the effect and operation of the impugned judgment and decree

dated 9.12.2016 passed by the learned District Judge, Tonk in civil suit

No. 21/2014 shall remain stayed.

In case, the appellant deposits 50% of the decreetal amount, the

same may be disbursed to the respondents in the manner and

(2 of 2) [CFA-406/2017]

proportion as contemplated in the impugned judgment and decree with

the undertaking that if the appellant in the present appeal succeeds,

they shall refund the same alongwith interest in accordance with law.

It is made clear that the amount previously deposited by the

appellant, if any, shall be adjusted towards the said amount.

(MADAN GOPAL VYAS),J

ANIL SHARMA/44

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