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SUPREME COURT OF INDIA
A.K. Sikri, Ashok Bhushan, JJ
Basalingappa – Appellant
Versus
Mudibasappa – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8641/2018
For the Appellants/Petitioners: S. N. Bhat, Priyank Jain
Stay of recovery of a disputed amount may be granted upon the condition of depositing the said amount in the Trial Court in a Fixed Deposit.
Headnote:The matter pertains to a petition for special leave to appeal against a final judgment dated 04-07-2018 passed by the High Court of Karnataka. The court is dealing with the interim stage of the proceedings regarding the recovery of a disputed amount. The issue concerns the stay of recovery of the amount in question pending the outcome of the appeal. The court observed that the recovery could be stayed upon the deposit of the said amount in the Trial Court. Issue notice, returnable in six weeks. On depositing the amount in question in the Trial Court within six weeks from today there shall be stay of recovery.
The legal point held in this case is that the court issued a direction to the petitioner to deposit the amount in question in the trial court within six weeks. Upon depositing the amount, there was a stay of recovery granted, and the deposited amount was to be kept in fixed deposit by the trial court (!) (!) (!) .
ITEM NO.26 COURT NO.4 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8641/2018
(Arising out of impugned final judgment and order dated 04-07-2018
in CRLA No. 200042/2015 passed by the High Court Of Karnataka At
Kalaburagi)
BASALINGAPPA Petitioner(s)
VERSUS
MUDIBASAPPA Respondent(s)
(FOR ADMISSION and I.R. )
Date : 26-10-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ASHOK BHUSHAN
For Petitioner(s) Mr. S. N. Bhat, AOR
Mr. Priyank Jain, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Issue notice, returnable in six weeks.
On depositing the amount in question in the Trial Court within
six weeks from today there shall be stay of recovery. The amount
so deposited shall be kept in Fixed Deposit by the Trial Court.
(ASHWANI THAKUR) (RAJINDER KAUR)
COURT MASTER (SH) BRANCH OFFICER
Digitally signed by
ASHWANI KUMAR
Date: 2018.10.27
12:30:41 IST
Reason:
Signature Not Verified
