Jogendra Juneja S/O Deendayal ... vs Prem Devi Widow Of Mohanal
2022 Latest Caselaw 7402 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil First Appeal No.179/2022

Jogendra Juneja S/o Deendayal Juneja
                                                      ----Appellant/defendant
                                   Versus
Prem Devi Widow Of Mohanal & Ors.
                                                                  ----Respondents

For Appellant(s)         :     Mr. Bipin Gupta
For Respondent(s)        :     Mr. Ravi Kumar Kasliwal


        HON'BLE MR. JUSTICE SUDESH BANSAL
                       Order
22/11/2022

     Appellant-defendant        No.1       has      filed       this   first   appeal

challenging the judgment and award dated 15.12.2021 passed in

Civil Suit No.6/2020 by the Court of Additional District Judge,

Sikrai, District Dausa whereby and whereunder respondents-

plaintiffs have been awarded compensation to the tune of

Rs.4,38,930/- along with interest @6% per annum from the date

of judgment i.e. 04.07.2011. The decree has been passed jointly

and severally against defendant Nos.1 and 2.

Respondents-plaintiffs have also filed S.B. Civil First Appeal

No.87/2022 for enhancement of compensation.

Heard.

Admit.

Issue notice to respondents.

Since counsel for respondents-plaintiffs has put in

appearance, no need to issue notices to them.

Issue notice to remaining respondents.

Counsel for respondents-plaintiffs and counsel for appellant

may exchange the copy of memo of appeals to each other.

(2 of 2) [CFA-179/2022]

In the meanwhile, if appellant-defendant No.1-Jogendra

Juneja deposits 50% of the compensation amount along with

interest within a period of six weeks from today before the trial

court, the execution of impugned judgment and decree shall

remain stayed qua appellant-defendant No.1. In case, appellant

does not deposit the amount within the aforesaid period, the

execution proceedings may continue.

On deposition of such amount, the same may be disbursed

to respondents-plaintiffs on furnishing written undertaking that in

case appellant succeeds in appeal they will restitute the amount

with interest @6% per annum.

It is made clear that respondent-plaintiffs are free to execute

the impugned decree against defendant No.2 in respect of

remaining awarded amount and appellant-defendant No.1 may

also proceed against defendant No.2 to recover the decreetal

amount paid by him to plaintiffs as the liability under the decree is

jointly and severally upon defendant Nos.1 and 2.

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/3

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