Omprakash vs Hari Lal
2023 Latest Caselaw 100 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 61/2022

Omprakash S/o Maganiram Sharma, Aged About 50 Years, Gita Bai Prajapat Aakarsada Vale Ke Makan Me, Near Reliance Tower, Badadham, Vivekanand Nagar, Bhilwara

----Appellant Versus Hari Lal S/o Pyarchand Suvalka, Near Krishna Tiles, Vinod Bhawan, Sukhadiya Circle, Bhilwara

----Respondent

For Appellant(s) : Mr. Bharat Devasee For Respondent(s) : Mr. Rakesh Arora

HON'BLE MS. JUSTICE REKHA BORANA

Order

04/01/2023

Heard learned counsel for the parties on stay application.

The present one is a case wherein leave to defend was

granted to the appellant-defendant on a condition of deposit of the

principal amount of Rs.2,30,000/-. The said amount was not

deposited by the defendant and ultimately, the suit was decreed in

favour of the respondent-plaintiff for an amount of Rs.3,91,000/-

along with the interest at the rate of 6% on the principal amount

of Rs.2,30,000/- from the date of filing of the suit, that is,

17.08.2017.

The first appellate Court directed the appellant to deposit an

amount of Rs.1,50,000/- and the execution of the decree was

stayed by the first appellate Court. The said amount as directed

was deposited by the defendant at the relevant point of time.

(2 of 2) [CSA-61/2022]

The present second appeal was admitted on 13.09.2022

while framing the substantial questions of law.

As no order was passed on the stay application, heard on the

stay application.

The operation and execution of the judgments and decrees

dated 21.07.2018 and 24.12.2021 shall remain stayed subject to

the appellant depositing an amount of Rs.1,21,400/- with the trial

Court within a period of two months from the date of the present

order. The amount, on being deposited, be disbursed to the

plaintiff decree-holder.

The stay application as well as the application under Section

151 of the Code of Civil Procedure are disposed of accordingly.

List the appeal for hearing in due course.

(REKHA BORANA),J 29-AnilKC/Abhishek/-

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