BHAGWAT DAYAL Vs. SUNHERI

JUDGEMENT

(1.) . By this application, the applicant/ respondent Nos.1 and 2 arc seeking directions from this Court to the petitioner to deposit a sum of Rs.10 lacs and for withdrawal by them of the amount to be so deposited.

(2.) . The case of the respondents/applicants for the relief sought may be briefly noticed:-

(3.) . The respondent No.1 had filed Suit No-610/92 claiming inter alia a declaration in respect of her share in collection of the offerings. The injunction had also been sought against the petitioner from collecting offerings. The monthly bari commenced from 31-12-1995 to 30-1' 1996. The trial court vide its order dated 11-1- 1996, passed on the application under Order XXXIX Rules 1 and 2 CPC, directed the parties to hold an auction on 11-1-1996 itself, failing which the parties were directed to appear in Court on 12-1- 1996. The present revision petition had been filed by the petitioner against the order of trial Court dated 11-1-1996. In the event, petitioner obtained an ex parte stay on 15-1-1996. The Court heard the parties after service of notice on 25- 1-1996. Without prejudice to the rights of the parties, it was agreed that for the re- maining period from 25-1-1996 till midnight 30-1-1996, the petitioner would deposit Rs.2 lacs in Court being 50% of the expected offerings for this period. The petitioner undertook to deposit on or before 31-1-1996 the said amount. The amount was deposited. Respondents No.5 was permitted to withdraw the said amount, for distribution amongst respondents.