Delhi High Court - Orders
Kishan Lal Arora & Ors vs Satpal Arora on 10 May, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 129/2024
KISHAN LAL ARORA & ORS. ..... Appellants
Through: Mr.Gursimar Singh, Advocate
versus
SATPAL ARORA ..... Respondent
Through: Ms.Deepshikha and Mr.Vivek Sheel,
Advocates
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 10.05.2024 CM APPL. 10563/2024 (Delay in re-filing)
1. The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of applicants/appellants seeking the condonation of delay in re-filing the instant appeal.
2. Learned counsel appearing on behalf of non-applicant/respondent has no objection to the same.
3. For the reason stated in the application, the delay of 233 days in re- filing the appeal is condoned.
4. The application is disposed of.
CM APPL. 10561/2024 (Stay)
1. The instant application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of applicants/appellants seeking the following reliefs:-
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 22:16:38 "It is therefore prayed that this Hon'ble Court may graciously be pleased to stay the operation of impugned judgment dated 28.3.2023 passed by Sh. Chanderjit Singh ADJ South, Saket Courts, New Delhi in the Suit no. CS/ DJ 206671/2016 in suit titled as Satpal Arora Vs Krishan Lal Arora and Ors. till final disposal of the present appeal.
Any other or further relief/order which this Hon'ble Court may deem fit and proper also be granted/passed in favour of the appellants and against the respondent."
2. Learned counsel appearing on behalf of applicants/appellants submitted that the execution proceedings are pending before the Executing Court. It is contended that the balance of convenience lies in favour of the appellants and serious prejudice would be caused to the appellants if the stay of the operation of the impugned judgment dated 28th March, 2023 is not granted. On instructions, he undertakes that the appellants are ready to deposit 50% of the decretal amount before this Court and prays for the interim relief of stay on the operation of the impugned judgment as well as the proceedings before the Executing Court.
3. Heard and perused the record.
4. In regard to the prayer of the appellants with respect to the interim relief, this Court is of the view that the instant matter requires consideration and prima facie the balance of convenience lies in favour of the appellants.
6. Therefore, the operation of the impugned judgment dated 28th March, 2023 as well as the execution proceedings before the Executing Court shall be kept in abeyance till the next date of hearing, subject to the deposition of 50% of the decretal amount before the Registrar General of this Court within four weeks from today. The amount so deposited by the appellants shall be invested in an interest bearing FDR in an auto renewal mode.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 22:16:38
7. List on 16th October, 2024 for final hearing.
RFA 129/2024List on 16th October, 2024 for final hearing.
In the meantime, learned counsel for the parties are directed to file written submissions alongwith convenience compilation.
Lower Court Record be requisitioned before the next date of hearing.
CHANDRA DHARI SINGH, J MAY 10, 2024 dy/db Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 22:16:39