LAWS(DLH)-2013-8-109

KULDEEP SINGH Vs. BHAGWAN

Decided On August 14, 2013
KULDEEP SINGH Appellant
V/S
BHAGWAN Respondents

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 31.05.2002 in Suit No.113/2002 (Old No.325/1989 of the High Court of Delhi) filed by the respondents against the appellants for recovery of Rs.4,09,200/-. The learned Additional District Judge has vide the impugned judgment decreed the suit in favour of the respondents and against the appellants for recovery of Rs.3,00,000/- with interest @6% per annum from 17 th December, 1988 till the institution of the suit, pendente lite and future till realization and with costs. Notice of the appeal was issued and vide order dated 23 rd September,

(2.) 2002, subject to the appellants depositing the sum of Rs.3,00,000/- in this Court, the operation of the judgment and decree was stayed. The statement of the counsel for the appellants that the said amount of Rs.3,00,000/- had been deposited in this Court is recorded in the order dated 29.10.2002. On 12th December, 2002 the appeal was admitted for hearing and the Trial Court record requisitioned and the earlier ad-interim order confirmed and the amount deposited ordered to be kept in a fixed deposit receipt; it was further directed that the succeeding party shall be entitled to the interest thereon. The appeal was vide order dated 17.11.2011 dismissed in default of appearance of the parties and the amount deposited along with accrued interest was ordered to be released to the respondents. The appeal was subsequently restored on the application of the appellants.

(3.) THE counsels state that one of the appellants and some of the respondents are present in person.