Shabbir Bhai vs Sabir Ali
2022 Latest Caselaw 6552 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                   S.B. Civil First Appeal No. 32/2012

Shabbir Bhai s/o Siddu Khan
                                                                       ----Appellant
                                     Versus
Sabir Ali
                                                                     ----Respondent

For Appellant(s)           :     Mr. N.K Singhal
For Respondent(s)          :     Mr. G.S Shekhawat



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                      Order

11/10/2022

Appellant-defendant has preferred this first appeal against

the judgment and decree dated 25.11.2011, whereby and

whereunder respondent-plaintiff's suit has been decreed for

recovery of Rs.85000/- with interest @ 6% against defendant.

Heard.

Admit.

This Court, vide order dated 25.05.2012, stayed the

execution of the impugned decree for recovery of money dated

25.11.2011, subject to condition of deposition of 50% of the

decreetal amount. Counsel for appellant submits that 50% of the

decreetal amount has been deposited and which is laying before

the trial court.

Counsel for respondent has moved an application (I.A.No.

01/2022), for disbursement of such amount.

Having heard the counsel for both parties and after

considering the dispute between two brothers for rendition of

accounts, the stay order dated 25.11.2012 is made absolute and

(2 of 2) [CFA-32/2012]

the amount deposited by appellant is allowed to be disbursed to

respondent-plaintiff- decreed holder, on furnishing a written

undertaking that in case appellant succeeds in the first appeal, he

will restitute such amount with interest @ 6% per annum, from

the date of receiving the amount.

Record be sent back to the trial court to complete the

proceedings of disbursement of the decreetal amount, with

direction that the same be returned to this court after completion

the proceedings of disbursement.

Accordingly, stay application and application (I.A.No.

01/2022) stand disposed of.

(SUDESH BANSAL),J

SACHIN/35

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