Partly allowed

Himmat Singh v. Daulat Ram

Rajasthan HC27 Apr 2018CFA/134/2018

Case brief

AI extract

What is this about?

In a civil first appeal arising from a money judgment, the court disposed of the matter via a Lok Adalat-style compromise. The appellant was directed to pay the decrue amount of Rs. 8.81 lakh in instalments to the respondent within a specified timeframe, failing which the appeal would be withdrawn and full recovery proceedings initiated.

What did the court decide?

Appellant directed to pay Rs. 8,81,000 in instalments by 30.09.2018, 30.11.2018, and 31.12.2018 to the respondent; court fees refunded.

Himmat Singh Vs Daulat Ram — Execution and Attachment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil First Appeal No. 134 / 2018

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Himmat Singh Son of Shri Keshar Singh Rathore, Aged About 39 Years, By Caste Rathore, Resident of House No. 23-B, Gokul Villaz, N.H. 8, Titardi, Udaipur, District Udaipur.

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----Appellant

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Versus

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Daulat Ram Son of Shri Varda Ji Gayri, Resident of House No. 215, Nearby Bheruji Mandir, Tekdari, Udaipu, District Udaipur.

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----Respondent

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For Appellant(s) : Mr. Sanjay Nahar

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For Respondent(s) : Mr. R.S. Mankad

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JUSTICE DINESH MEHTA

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Judgment

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27/04/2018

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During the course of arguments, Mr. Nahar, learned counsel for the appellant on instructions from his client proposed that if the plaintiff – decree holder is agreeable to accept principal amount, his client is prepared to pay the same without arguing the appeal on merit. He however prays that some reasonable time be allowed to him for making necessary arrangements for such payment.

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Mr. R.S. Mankad, learned counsel present with the respondent – Daulat Ram in person, accepted such offer in the spirit of Lok Adalat and submitted that he would feel contended if the decreetal amount of Rs.8,50,000/- and a sum of Rs.31,000/over and above, is paid to him on or before 31.12.2018. He agreed that the said amount of Rs.8,81,000/- shall be in due

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(2 of 3)

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[CFA-134/2018]

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satisfaction of the judgment and decree dated 23.11.2017.

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With the consent of parties, the present appeal is disposed of

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with the direction to the appellant to pay the amount of Rs.8,81,000/- in the following time schedule:-

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Rs.5,00,000/– On or before 30.09.2018. Rs.2,00,000/– On or before 30.11.2018. Rs.1,81,000/– On or before 31.12.2018. ---------------Rs.8,81,000/-

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The appellant shall deposit the aforesaid amount in the bank account of the respondent – Daulat Ram , details whereof are given hereunder:-

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“A/c No. - 2973000300000451 , Punjab National Bank, Kalaji Goraji Branch, Udaipur (IFSC Code – PUNB0297300).”

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The appeal stands allowed to the extent of payment of interest @ 9% awarded by the Trial Court. The judgment and decree dated 23.11.2017 shall stand modified in the terms, that the appellant – defendant shall pay a sum of Rs.8,81,000/- to the respondent – plaintiff on or before 31.12.2018.

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A decree in terms of the instant order be drawn.

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Needless to observe that on failure to adhere to the time frame aforesaid, the present order shall stand withdrawn automatically and the respondent – decree holder shall be entitled to take appropriate proceedings for recovery of the entire decreetal amount, including filing of contempt petition before this Court.

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(3 of 3)

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[CFA-134/2018]

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The appeal shall stand partly allowed in terms of the compromise aforesaid.

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As the appeal has been disposed of with the spirit of Lok Adalat, the appellant shall be entitled for refund of Court fee in accordance with law.

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(DINESH MEHTA), J.

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Anurag/44

Himmat Singh v. Daulat Ram

Case brief

What is this about?

What did the court decide?

Himmat Singh v. Daulat Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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