High Court of Rajasthan stayed execution of judgment and decree dated 14th October 2017 on deposit of decretal amount by appellants against trial court order, with partial withdrawal provisions pending appeal disposal.
Stayed execution of judgment and decree dated 14th October 2017 on deposit of decretal amount.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Misc. Stay Application No.207/2018
in
S.B. Civil First Appeal No. 63/2018
A V V N L And Ors
----Appellant
Versus
Chhoti Devi And Ors
----Respondent
For Appellant(s) : Shiva Goyal For Respondent(s) : Mr. AS Narang
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
03/05/2018
Heard learned counsel for the parties.
Having regard to the submissions made by the learned counsel for the parties and taking into consideration the facts and circumstances of the case, operation/execution of the impugned judgment and decree dated 14th October, 2017 passed by the learned Additional District Judge No.4, Sikar is stayed on the condition that the appellants-defendants shall deposit the entire decreetal amount within one month with the trial court. On such deposit being made, the respondents-claimants shall be at liberty to withdraw 50% out of the said amount on their furnishing solvent security and an undertaking on oath to the effect that if the defendants-appellants ultimately succeed in the appeal, the said amount shall be refunded with interest @ 9% per annum. Remaining 50% amount shall be kept in FDR in any nationalised
[CFA-63/2018]
(2 of 2)
Bank initially for a period of five years which shall be renewed from time to time till the disposal of the appeal.
The stay application stands disposed of.
(PRAKASH GUPTA),J
Bairwa/73
A V V N L And Ors
Chhoti Devi And Ors
Prakash Gupta
As recorded by the court registry
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