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2024 Supreme(Online)(DEL) 23353

HIGH COURT OF DELHI
Chandra Dhari Singh, J
JAI KUMAR SHARMA (SINCE DECEASED) THROUGH LRS – Appellant
Versus
MS/ RAGHAV BUILDTECH PVT. LTD. & ANR. – Respondent
RFA 234/2024



Advocates:
SUNIL KUMAR

The court allowed the appeal to be heard, staying the operation of the Trial Court's decree pending the deposition of the decretal amount.

Headnote:(A) Code of Civil Procedure, 1908 - Section 96 - Appeal against judgment and decree - The appellant seeks to set aside the judgment and decree dated 15.12.2023 in favor of the respondent, asserting the need for reconsideration of the case. (Paras 1, 2)

(B) Exemption - The application for exemption was allowed subject to just exceptions. (Para 1)

Facts of the case:
The appeal was filed by the appellant against the judgment and decree passed by the Trial Court in favor of the respondent in a civil suit.

Findings of Court:
The operation of the impugned judgment and decree is kept in abeyance pending further consideration, subject to the deposition of the decretal amount.

Issues: The main issues addressed include the validity of the Trial Court's judgment and the conditions for staying its operation.

Ratio Decidendi: The court determined that the appeal requires consideration and thus stayed the operation of the Trial Court's decree pending the deposition of the decretal amount.

Result: The appeal is set for final hearing on 5th September, 2024.

ORDER

% 08.04.2024 CM APPL. No. 20790/2024 (exemption) Exemption allowed, subject to just exceptions.

The application stands disposed of.

RFA 234/2024 and CM APPL. No.20791/2024

1. The present appeal under Section 96 of the Code of Civil Procedure , 1908, has been filed by the appellant seeking the following reliefs:

  • “a. set aside the impugned judgment and decree dated 15.12.2023 in C.S. NO. 2231/2016 case titled JAI KUMAR SHARMA (SINCE DECEASED) V MIS.
  • RAGHAV BUILDTECH PVT. LTD., passed by the Hon'ble court of Sh. Ankur Jain-II, Ld. ADJ-02, Shahdara, Karkardooma Court, Delhi by this judgment and decree passed in favour of the respondent;
  • b. pass any other such order which this Hon’ble Court may deem fit and proper in the facts and circumstances of this case in the interest of justice.”

2. Heard.

3. Issue notice.

4. Learned counsel appearing on behalf of the respondents accepted notice and vehemently opposed the present petition.

List for final hearing on 5th September, 2024.

5.

6. Since the matter requires consideration, subject to deposition of the decretal amount with the Registrar General of this Court within a period of two weeks, the operation of the impugned judgment and decree shall be kept in abeyance till the next date of hearing. The amount so deposited shall be invested in an interest bearing FDR in an auto renewal mode.

7. Parties are directed to file their written arguments along with convenience compilation.

8. The Trial Court Record in digital form be requisitioned before the next date of hearing.

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