Mukesh S/O Durgalal Teli vs Lad Bai Widow Of Daulatram Teli
2022 Latest Caselaw 3721 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 974/2019

 1.     Mukesh S/o Durgalal Teli, R/o Matunda, Tehsil And District Bundi

 2.     Pawan Kumar S/o Durgalal Teli, R/o Matunda, Tehsil And District
        Bundi

 3.     Chandra Prakash S/o Ramlal Teli, R/o Matunda, Tehsil And District
        Bundi

 4.     Giriraj S/o Ramlal Teli, R/o Matunda, Tehsil And District Bundi

 5.     Ramdayal S/o Ramlal Teli, R/o Matunda, Tehsil And District Bundi

 6.     Shyam Sunder S/o Gordhan Teli, R/o Matunda, Tehsil And District
        Bundi
 7.     Durgalal S/o Tejmal Teli, R/o Matunda, Tehsil And District Bundi.

                                                                     ----Appellants

                                       Versus

 1.     Lad Bai Widow Of Daulatram Teli, R/o Matunda, Tehsil And District
        Bundi

 2.     Trilok Rathore S/o Daulatram Teli (Deleted On 18.8.2015), R/o
        Matunda, Tehsil And District Bundi

 3.     Vikas Rathore S/o Daulat Ram Teli, R/o Matunda, Tehsil And District
        Bundi

                                                                   ----Respondents

For Appellant(s) : Mr. Rajendra Singh Tanwar For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

11/05/2022

The Co-ordinate bench vide order dated 10/02/2021 while

admitting the present first appeal, issued notices of the appeal as well

as stay application.

The office report shows that the admission notices have not been

filed by the learned counsel for the appellants.

(2 of 2) [CFA-974/2019]

In view of the above, learned counsel for the appellants are

directed to file PF & admission notices within a period of two weeks

from today.

Upon filing, the same be issued making them returnable within

three weeks.

Heard on stay application.

Learned counsel for the appellants submits that the appellants are

having urgency in the matter as the respondents have already filed

execution petition before the learned court below and if, stay prayed for

is not granted, the very purpose of filing the present first appeal would

be frustrated.

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

considered appropriate and hence ordered that if the appellants deposit

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 03.08.2019 passed by the learned Addl. District Judge, No.2

Bundi in civil suit no.43/2009 (CIS No. 1/2014) shall remain stayed.

In case, the appellants deposit 50% of the decreetal amount, the

same may be disbursed to the respondents in the manner and

proportion as contemplated in the impugned judgment and decree with

the undertaking that if the appellants in the present appeal succeed,

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

ANIL SHARMA /14

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