JUDGMENT (Oral)

I.A. 4726/2024 (u/S 152 r/w Section 151 of CPC, 1908 by defendants for modification of Order/Part-Decree dated 04.11.2022)

1. The application under Section 152 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as `CPC'), has been filed seeking modification of the Order/part-decree dated 04.11.2022, passed by this Court.

2. It is submitted by the applicants/defendants that the plaintiffs had instituted a Suit for Recovery of Rs.2,77,25,000/-(Rupees Two Crores Seventy Seven Lakhs Twenty-Five Thousand Only) along with the interest from the defendants in their capacity as legal heirs of Late Shri Ravi Inder Singh.

3. In the part-Decree dated 04.11.2022, it was held as under:

"4. It is the case of the defendants that amount of Rs.95,00,000/-was given as loan by the plaintiffs out of which an amount of Rs.50,95,000/-has been paid to the plaintiffs by Late Ravi Inder Singh. They through Mr. Vashisht concede to the fact that difference between the amounts of Rs.95,00,000/- and Rs.50,95,000/-, i.e., Rs.44,05,000/- need to be paid by the defendants to the plaintiffs.

5. Noting the said submission, the Suit to the extent of recovery of Rs. 44,05,000