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1 - 4 of 4 (0.23 seconds)The Code of Civil Procedure, 1908
P.R. Deshpande vs Maruti Balaram Haibatti on 11 August, 1998
8. Shri N. K. Mody, learned counsel for the petitioner, vehemently argued that this order is totally without jurisdiction. He referred to number of judgments stating that the function of the executing Court is to execute the decree as framed. The order fixing mesne profits has already attained finality between the parties and, therefore, the Court could not have directed him to pay the amount of compensation. According to him, filing of the undertaking will not deprive him from prosecuting his legal rights. He, therefore, relied on the judgment of the Apex Court in the cases of P.R. Deshpande v. Maruti Balaram Haibatti, reported in AIR 1998 SC 2979 and, Jagdish Lal v. Parma Nand, reported in (2000) 5 SCC 44 : (AIR 2000 SC 1822), in which it has been held that filing of the undertaking does not deprive a party from filing the appeal to the higher Court. A party giving undertaking can prosecute his appeal and his appeal cannot be dismissed on that count and, therefore, in view of the said judgment, according to Shri Mody, the Court should not have passed an order granting compensation to the respondents.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
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