SAJJAN RAJ SANKLA Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE appellant (I-defendant before court below hereinafter referred to as I-defendant) has filed this appeal against the order passed by the trial court under Order XXXIX Rule 2A CPC, reading as hereunder:-

(2.) I have heard Sri S.Shaker Shetty, learned counsel for appellant and Sri C.Hanumantha Rao, learned counsel for respondents 1 to 8.

(3.) THE I-defendant resisted the application, inter alia contending; the application is not maintainable either in law or on facts; the order made by this court in W.P.Nos.18813- 14/2011, directing I-defendant to deposit the amount is not an order made on the application filed under Order XXXIX Rule 2A CPC, therefore, the application filed under Order XXXIX Rule 2A CPC is not maintainable; plaintiffs 11 to 18 are guilty of suppression of facts; I-defendant is aged about 75 years, he is a law abiding citizen, he has utmost respect for orders passed by this court; as per the directions of this court in W.P.Nos.18813-14/2011, the trial court has to quantify the shares of plaintiffs 11 to 18 in the aforestated sum of Rs.6 crores; plaintiffs 11 to 18, without stating their shares filed an application to abuse the process of court. THE I-defendant has deposited a sum of Rs.90 lakhs towards tentative shares of defendants 11 to 18, without prejudice to his rights on merits of the case.