HIGH COURT OF UTTARAKHAND
SAROJNI – Appellant
Versus
VINOD KUMAR RAI – Respondent
SL. Office Notes, No. Date reports, orders or COURT’S OR JUDGE’S ORDERS proceedings or directions and Registrar’s order with Signatures FA No. 64 of 2021 Hon'ble Rakesh Thapliyal, J.
1. Mr. Piyush Garg, learned counsel for the appellant.
2. Mr. Siddhartha Singh, learned counsel for the respondent.
3. The instant first appeal was admitted by the Coordinate Bench on 02.03.2022 and the respondent/caveator was directed to file objection to the stay application.
Now objection has been filed.
4. The respondent/plaintiff filed a suit for specific performance, and the trial court decreed the suit by directing the defendant to refund the amount paid in advance along with 18% interest at the time of execution of the agreement to sale.
5. The objection has been raised that in fact decree passed by the trial court is a money decree, therefore, the appellant has to deposit the entire decreetal amount.
6. Mr. Piyush Garg, learned counsel for the appellant by placing reliance upon the recent judgment of the Hon’ble Apex Court in the case of Lifestyle Equities C.V. & Anr. Vs. Amazon Technologies Inc. 2025 LiveLaw (SC) 974 submits that it is not a principle of universal rule that in all cases of money dec
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