Disposed

Kalyan Singh and Ors. v. Banwari Lal and Ors.

Rajasthan HC1 Jul 2019CSTAY/1727/2018

Case brief

AI extract

What is this about?

Single judge order granting conditional stay on execution of impugned decree in civil first appeal, directing appellant to deposit mesne profits stick afforded one month to pay arrears and thereafter on 15th of every succeeding month failing compliance respondents free to execute decree order disposed of. harsh conditions imposed on appellant to deposit mesne profits otherwise respondents free to

What did the court decide?

Stay on execution of impugned decree on condition of depositing mesne profits; respondents to furnish security; if appellants fail deposit arrears or consecutively for four months, respondents free to

Kalyan Singh and Ors. Vs Banwari Lal and Ors. — Execution and Attachment | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

SB Civil Misc. Stay Appl. No. 1727/2018

¶3

¶4

S.B. Civil First Appeal No. 435/2018

Kalyan Singh And Ors

----Appellant

Versus

Banwari Lal And Ors

----Respondent For Appellant(s) : Mr. Samit Bishnoi For Respondent(s) : Mr. JP Goyal Sr. Adv. with Mr.Abhi Goyal

¶10

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶11

Order

¶12

01/07/2019

¶13

Heard learned counsel for the parties on stay application.

¶14

Having regard to the submission made by learned counsel for the parties and to the facts and circumstances of the case, operation & execution of the impugned judgment & decree dated 18/1/2018 is stayed on the condition that the appellants shall pay the arrears of mesne profits upto June,2019 at the rate of Rs.10,000/- per month as directed by the trial court within a period of one month from the date of this order and thereafter they shall deposit mesne profits at the said rate by 15^th of every succeeding month in the bank account of the respondents. The details of which shall be provided by the respondents within two weeks from the date of this order, failing which, the amount be deposited in the trial court and the respondents shall be at liberty to withdraw the same. If the appellants fail to deposit the arrears

¶15

[CFA-435/2018]

¶16

(2 of 2)

¶17

of mesne profits as directed, in that situation, the respondents are free to execute the impugned decree without any further order of the Court. Further, if the appellants fail to deposit the msene profits consecutively for four months, the respondents shall be at liberty to execute the decree without any further reference to the Court. Further, the respondents will furnish solvent security and an undertaking on oath to the satisfaction of the trial court to the effect that in case the appeal succeeds and they are not found entitled to any mesne profits, the money so received under this order by them shall be refunded back to the appellant with interest @ 9% per annum.

¶18

It is further made clear that the respondents are at liberty to file an application for mesne profits.

¶19

The stay application stands disposed of.

¶20

(PRAKASH GUPTA),J

¶21

OM PRAKASH /38

Kalyan Singh and Ors. v. Banwari Lal and Ors.

Case brief

What is this about?

What did the court decide?

Kalyan Singh and Ors. v. Banwari Lal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kailash Chandra Vs Satya Narain and Others

R S R T C and Ors. Vs Narpat Singh

Ambika Prasad Mukharjee Vs Ajay Kumar Mukharjee

Hanuman Prasad Thr Lrs Vs Thakurdutt and Anr. Thr Lrs

M/S Rajasthan Consultancy Organization Limited through the Chairman Vs Shri Virendra Nath Bhargava S/O Shri Ramnath Bhargava

Jaipur Vidyut Vitran Nigam Limited through Chairman Vs Smt. Devi W/O Late Shri Mahaveer