HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 814/2023

1. Rajendra Mathur son of Shri Moti Lal Mathur, Resident Of -

68/217, Pratap Nagar Sanganer, Jaipur.

2. Smt. Archna Mathur wife of Shri Rajendra Mathur, Resident Of

68/217, Pratap Nagar Sanganer, Jaipur.

----Defendants-Appellants Versus Smt. Kamlesh Sharma Wife Of Shri Rajendra Sharma, Resident Of

111/87, Gandhi Nagar, Jaipur.

----Plaintiff-Respondent Connected With S.B. Civil Pauper Application No. 3/2023

1. Rajendra Mathur Son Of Shri Moti Lal Mathur, Resident Of -

68/217, Pratap Nagar Sanganer, Jaipur.

2. Smt. Archna Mathur Wife Of Shri Rajendra Mathur, Resident Of 68/217, Pratap Nagar Sanganer, Jaipur.

----Defendants-Appellants Versus Smt. Kamlesh Sharma Wife Of Shri Rajendra Sharma, Resident Of

111/87, Gandhi Nagar, Jaipur.

----Respondent For Appellant(s) : Mr. R.P. Garg, Advocate with Mr. Vikram Singh, Advocate For Respondent(s) : None present HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

30/04/2025 :

S.B. Civil First Appeal No. 814/2023.

Matter has come up on an application bearing Inward No.3/2025 dt.11.03.2025 filed by the appellants under Section 149 of C.P.C. praying therein for condonation of delay in paying the Court fees.

For the reasons & grounds mentioned therein, the application is allowed. The delay in paying the Court fee is, hereby, condoned. The defect, pointed out by the Registry is removed.

No one is present on behalf of the respondent.

Call for the record.

Learned counsel appearing for the appellants contends that the respondents have filed an execution petition before ld. Executing Court & the said Court has initiated the execution proceedings and, therefore, the impugned judgment & decree dt.22.02.2023 passed by the ld. Trial Court may be stayed.

Heard. Perused.

Looking to the facts & circumstances of the case &

considering the submissions made at bar, the operation/ execution of the impugned judgment & decree dt.22.02.2023 passed by the Court of ld. Additional District Judge, No.6, Jaipur Metro-I, is stayed on the condition that the appellants shall deposit 50% of the decreetal amount within a period of two months before the ld. Trial Court. On such deposit being made, the respondent shall be at liberty to withdraw the aforesaid deposit on her furnishing an undertaking on oath to the effect that if the appellants ultimately succeed in the appeal, the said amount shall be refunded with interest @ 6% per annum from the date of withdrawal till refund.

List this matter in the month of July, 2025.

In view of above, the pending applications bearing Inward Nos.1/2024, 1/2025 & 2/2025 filed by the appellants for early listing of the appeal also stand disposed of.

S.B. Civil Misc. Application No.759/2024 The present application under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing the pauper application.

For the reasons & grounds mentioned therein, the application is allowed. The delay of thirty-two days in fling the pauper application is condoned. The defect pointed out by the Registry is removed.

S.B. Civil Pauper Application No. 3/2023 Instant application under Order 44 Rule 1 r/w Order 33 of C.P.C. has been filed by the appellants praying therein for filing the present first appeal as they are indigent persons.

Learned counsel appearing for the applicants/appellants submits that the appellants have already deposited the required Court fee, as directed.

In view of above, the pauper application stands disposed of.

(VINOD KUMAR BHARWANI),J ASHOK-saurabh Powerd by TCPDF (w.tcpdf.org)