Aashu Singh S/O Shri Sawai Singh ... vs Ramsingh S/O Shri Sardar Singh
2022 Latest Caselaw 6629 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No.635/2020

Aashu Singh S/o Shri Sawai Singh Shekhawat
                                                                   ----Appellant
                                   Versus
Ramsingh S/o Shri Sardar Singh
                                                                 ----Respondent

For Appellant(s)          :    Mr. Sudhir Yadav
For Respondent(s)         :    Mr. Omveer Singh Saini



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

13/10/2022

      Appellant-defendant       has     challenged         the   judgment    and

decree dated 17.03.2020 passed by Additional District Judge,

Khetri, District Jhunjhunu in Civil Suit No.14/2012 whereby and

whereunder the suit for recovery of money of Rs.4,00,000/- along

with interest @6% has been decreed on the basis of promissory

note (Ex.1).

Heard.

Admit.

Having considered the nature of decree and in view of

provision of Order XLI Rule 1(3) CPC, in case appellant deposits

50% of the decreetal amount and furnish a written undertaking in

respect of remaining 50% amount to pay the same in case first

appeal fails, within a period of eight weeks before the trial court,

the execution of impugned judgment and decree dated

17.03.2020 shall remain stayed.

On deposition of said amount the same may be disbursed to

respondent-plaintiff on furnishing a written undertaking that in

(2 of 2) [CFA-635/2020]

case appellant succeeds in the present appeal, he will restitute

this amount along with interest @6% per annum.

It is made clear that in case appellant would not comply with

the conditions as mentioned hereinabove, the stay order shall be

treated as vacated and respondent-plaintiff would be free to

execute the decree. Accordingly, the stay application stands

disposed of.

In view of aforesaid order, the application (I.A. No.1/2022)

for vacation of stay order also stands disposed of.

(SUDESH BANSAL),J

SAURABH/60

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