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SUBHASH GUPTA versus VIJAY KUMAR

High Court of Punjab and Haryana, Chandigarh

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Subhash Gupta v. Vijay Kumar - CR-2999-2006 [2006] RD-P&H 3243 (17 May 2006)

Civil Revision No.2999 of 2006 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

******

Civil Revision No.2999 of 2006

Date of decision: May , 2006.

Subhash Gupta

...Petitioner(s)

v.

Vijay Kumar

...Respondent(s)

Present: Shri G.S. Mann, Advocate for the petitioner.

Surya Kant, J. (Oral)

This revision petition is directed against the order dated 25.2.2006 passed by the first appellate court whereby an application for vaction of stay moved by the petitioner-plaintiff, has been dismissed. In a first appeal filed by the respondent-defendant, the first appellate court, vide its order dated 5.3.2005, stayed operation of the impugned judgment and decree passed by the trial court subject to the respondent's furnishing bonds to the satisfaction of the executing court with "one surety in the like amount" within 15 days.

As is revealed in the impugned order by the first appellate court, the respondent-appellant was required to furnish the bonds with one surety of the like amount on or before 20.3.2005 and, as a matter of fact, he furnished the same on 19.3.2005, though accepted by the executing court on 26.3.2005. Since the respondent-appellant had furnished the bonds as well Civil Revision No.2999 of 2006 -: 2 :-

as surety within the stipulated period, the learned first appellate court has rightly declined to vacate the stay.

No ground to interfere.

Dismissed.

May 25, 2006. [ Surya Kant ]

kadyan Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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