Madhya Pradesh High Court
Ramnarayan vs Rasul Khan on 31 October, 2017
First Appeal No.412 of 2006.
31.10.2017:-
None for the appellant.
Shri U.S.Verma, learned counsel for the Respondent
No.3.
Respondent No.3 has filed an application [IA No.4681/2017] to permit him to deposit 1/3rd of the decretal amount without interest in the Trial Court.
There is a joint decree against the present appellant, Respondent Nos.2, 3 and 4 in the suit filed by the Respondent No.1. Only the present appellant has preferred the appeal before this Court in which vide order dated 16.08.2007 this Court has directed the appellant to deposit 1/3rd of the decretal amount and furnish the security for the balance amount within two weeks, on his application filed under Order XLI Rule 5 of CPC.
By way of present application, the Respondent No.3 is praying for the same order. Since he is not the appellant and he has not preferred any appeal, no order can be passed in this appeal. The application is misconceived. Accordingly the same is hereby rejected.
IA No.4681/2017 stands disposed of.
[ VIVEK RUSIA ] JUDGE (AKS)