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NANDA & ORS versus RAM GOPAL

High Court of Rajasthan

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NANDA & ORS v RAM GOPAL - CFA Case No. 260 of 2005 [2006] RD-RJ 30 (4 January 2006)

S.B. Civil First Appeal No.260/2005

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. Anil Mehta, counsel for appellants,

Mr. R.P. Vijay, counsel for respondent,

Heard. Admit. Call for the record.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.

S.B. Civil Misc. Stay Application No.932/2005

In

S.B. Civil First Appeal No.260/2005

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. Anil Mehta, counsel for appellants,

Mr. R.P. Vijay, counsel for respondent,

Heard learned counsel for the parties on stay application. The order passed by this Court dated 12/4/2005 is confirmed. The execution of the decree shall remain stayed and both the parties are directed to maintain status-quo till final disposal of the appeal.

The stay application stands disposed of accordingly.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.

S.B. Civil Misc. Stay Application No.604/2005

In

S.B. Civil Regular First Appeal No.163/2005

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. G.M. Manav, counsel for appellant,

Mr. J.P. Goyal, counsel for respondent,

Heard learned counsel for the parties on stay application. Learned counsel for respondent submitted that in compliance of the order of this Court dated 30/5/2005 the amount of Rs.1,50,000/- has not been deposited by the appellant, therefore the said stay order may be vacated.

Learned counsel for appellant contended that order of this Court was conditional one.

I have considered the rival contentions. This Court on 30/5/2005 has passed an order for staying the execution of the decree in case the appellant deposits a sum of Rs.1,50,000/- within a period of eights weeks. Thus, the stay order appears to be conditional one and if the said amount is not deposited in compliance of the order of this Court dated 30/5/2005, the stay granted by this Court does not survive.

The stay application stands disposed of accordingly.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.

S.B. Civil Misc. Stay Application No.671/1999

In

S.B. Civil First Appeal No.90/1999

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. D.K. Bhardwaj, counsel for appellants,

None is present for the respondents even in second round. Heard learned counsel for appellant on stay application. The operation of the impugned judgment and decree shall remain stayed till final disposal of the appeal provided the appellant deposits

Rs.40,000/- in the trial court within a period of one month from today and furnishes a solvent security for the balance amount to the satisfaction of the learned trial court to the effect that he shall deposit the remaining amount in case the appeal is dismissed.

Accordingly, the stay order dated 12/8/1999 is modified and the stay application stands disposed of.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.

S.B. Civil First Appeal No.849/2005

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. Ajay Kumar Jain, counsel for appellants,

Heard. Admit. Issue notice. Call for the record.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.

S.B. Civil Misc. Stay Application No.3135/2005

In

S.B. Civil First Appeal No.849/2005

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. Ajay Kumar Jain, counsel for appellants,

Heard on the stay application also. The operation of the impugned judgment and decree is stayed provided the appellant deposits 50% of the decreetal amount in the trial court within a period of one month from today and furnishes a solvent security for the balance amount to the satisfaction of the learned trial court.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.

S.B. Civil Misc. Stay Application No.5/2005

In

S.B. Civil First Appeal No.3/2005

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. B.L. Mandhana, counsel for appellant,

Ms. Anita Khandelwal, counsel for respondents,

Heard learned counsel for the parties. Learned counsel for appellant submitted that in compliance of the order of this Court dated 24/5/2005 the appellant is regularly depositing Rs.20,000/- as mesne profits. It is also submitted that one cheque for the month of

July, 2005 was deposited with the Registry which was dishonoured by the bank by mistake. Thereafter, the appellant again tendered a bankers cheque No.000012 dated 21/7/2005 but still that draft was not sent to the bank for clearance.

Learned counsel for the respondents has no objection.

Since for the month of July, 2005 the draft has been tendered on 21/7/2005, therefore in compliance of the order of this Court dated 24/5/2005 the same be deposited.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.

S.B. Civil Misc. Stay Application No.2793/2002

In

S.B. Civil First Appeal No.372/2002

Date Of Order :: 4th January, 2006

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. R.K. Agrawal, counsel for appellant,

Mr. M.M. Ranjan, counsel for respondents,

Heard learned counsel for the parties on application dated 23/3/2005 filed by the respondents for vacation of the stay order. It is contended that order of this Court dated 19/1/2004 has not been fully complied with, therefore, the stay order passed by this

Court is liable to be vacated.

Learned counsel for appellant contended that in compliance of the order of this Court mesne profits and other amount has been deposited but some amount which was decreed in favour of plaintiffs No.1 to 4 could not be deposited since respondents No.5 to 10 were not entitled to received that amount, however the appellant is ready to deposit that amount also with interest as directed by this

Court. It is also submitted that the appellant has tried to deposit the remaining amount in the trial court but the appellant was directed to seek fresh order for the enlargement of time.

I have considered the rival contentions. To make the full compliance of the order of this Court dated 19/1/2004 further time is extended upto 31/1/2006. The appellant is also directed to deposit

Rs.425/- by 15th of every succeeding month for the monthly use and occupation in the trial court/in the bank account on furnishing the same by the counsel for respondents.

Accordingly, the stay order is modified and the stay application stands disposed of.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.


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