HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Pauper Application No. 1/2011

1. Smt Geeta Devi wife of late Sh. Ram Dev Sharma, Resident of

House No.1434, Baba Harish Chandra Marg, Chand Pole Bazar,

Jaipur

2. Smt. Aruna Devi Wife of Shri Ganesh Sharma, Resident of

House No.1434, Baba Harish Chandra Marg, Chand Pole Bazar,

Jaipur

3. Smt. Anju wife of Shri Ashok Sharma, Resident of House

No.1434, Baba Harish Chandra Marg, Chand Pole Bazar, Jaipur

4. Smt. Renu Wife of Shri Sandeep Sharma, Resident of House

No.1434, Baba Harish Chandra Marg, Chand Pole Bazar, Jaipur

2 and 3 daughters of late Shri Ram Dev Sharma

----Plaintiff-Appellants

Versus

Surendra Kumar Sharma son of Shri Harish Chand Sharma,

resident of 8/11, Vidhyadhar Nagar, Jaipur

----Defendant-Respondent

For Petitioner(s)

:

Mr. M.M. Ranjan Sr. Adv. assisted by

Mr. Rohan Agarwal

For Respondent(s)

:

Mr. Amit Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/04/2022

Appellants-plaintiffs have filed this pauper application

No.1/2011.

It appears from record that appellants-plaintiffs filed a civil

suit for recovery of an amount of Rs.14,38,930/- before the trial

Court which has partially been decreed in favour of plaintiffs vide

judgment dated 15.02.2011 and a decree for recovery of

Rs.3,50,000/- with interest at rate of 6% per annum has been

(2 of 2)

[CPA-1/2011]

passed in favour of appellants-plaintiffs and against respondent-

defendant.

Counsel for respondent-defendant submits that he has

deposited the decreetal amount of Rs.3,50,000/- before the trial

Court and the same is laying in FDR. Once the money decree for

recovery of Rs.3,50,000/- has already been passed in favour of

appellants-plaintiffs, they are always at liberty to release the said

decreetal amount and may move an appropriate application for

breaking the FDR, if the same has not done so far.

In such factual backdrop, this Court does not find any good

ground to entertain the pauper application. Hence, the pauper

application is dismissed with liberty to the appellant to withdraw

the amount deposited by respondent and laying in FDR, if same

has not been withdrawn so far.

(SUDESH BANSAL),J

NITIN /19