HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 502/2024

1. LRs. of Mohan Lal, S/o Multan Ram

2. Ganga Devi W/o Late Mohan Lal, Aged About 78 Years, R/o Jasnagar Road, Maliyon Ki Dhani, Suriyas, Tehsil Riyabadi, Dist. Nagaur.

3. Om Prakash S/o Late Mohan Lal, Aged About 58 Years, R/o Jasnagar Road, Maliyon Ki Dhani, Suriyas, Tehsil Riyabadi, Dist. Nagaur.

4. Amra Ram S/o Late Mohan Lal, Aged About 57 Years, R/o Jasnagar Road, Maliyon Ki Dhani, Suriyas, Tehsil Riyabadi, Dist. Nagaur.

5. Nemaram S/o Late Mohan Lal, Aged About 56 Years, R/o Jasnagar Road, Maliyon Ki Dhani, Suriyas, Tehsil Riyabadi, Dist. Nagaur.

6. Norat Ram S/o Late Mohan Lal, Aged About 54 Years, R/o Jasnagar Road, Maliyon Ki Dhani, Suriyas, Tehsil Riyabadi, Dist. Nagaur.

7. Sukharam S/o Late Mohan Lal, Aged About 51 Years, R/o Jasnagar Road, Maliyon Ki Dhani, Suriyas, Tehsil Riyabadi, Dist. Nagaur.

8. Rama Devi D/o Late Mohan Lal, Aged About 53 Years, R/o Jasnagar, Bera Atuna, Tehsil Merta City, Dist. Na-

gaur.

----Appellants Versus Bhinyaram S/o Punaram, R/o Village Giri, Tehsil Raipur, Dist.

Pali (Raj.)

----Respondent For Appellant(s) : Mr. Divakar Sharma For Respondent(s) : Mr. Sandeep Saruparia HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

28/07/2025 Heard.

2. Admit.

3. Issue notice to the respondent. Issue notice of stay ap-

plication also, returnable within four weeks.

4. Having regard to the facts and circumstances of the case, this court is of the considered opinion that if the appellants de- posit 70% of the decreetal amount along with interest as men- tioned in the impugned judgment and decree before the trial Court within two months from today, recovery of the remain- ing amount under the impugned judgment and decree dated 01.06.2024 passed in Civil Suit No. 26/2008 shall remain stayed.

5. The deposited amount may be disbursed to the respon- dent-plaintiff in the manner and proportion as contemplated in the impugned judgment and decree with the undertaking that if the appellants in the present appeal succeed, he shall refund the same alongwith interest in accordance with law.

6. It is made clear that the amount previously deposited by the appellants, if any, shall be adjusted towards the said amount.

7. If the aforesaid amount is not deposited within the stipu- lated period by learned counsel for the appellants, the interim order shall stand vacated automatically.

(CHANDRA SHEKHAR SHARMA),J

125-Rajendra/-