GIRDHARI Vs. RAMPRASAD

JUDGEMENT

(1.) This Misc. Appeal by the judgment-debtors is directed against the order passed by District Judge, Indore on 19-1-1977 in Misc. Appeal No. 32 of 1975.

(2.) Respondent Ramprasad, who is the plaintiff decree-holder, had instituted a suit against the appellants for possession of certain lands and mesne profits. The suit was dismissed by the trial Judge and also by the first appellate Judge. Respondent Ramprasad preferred a second appeal before the High Court. During the pendency of the appeal parties filed a compromise petition and in terms thereof a decree was passed on 20-11-1973 by the High Court. The decree of the High Court in Second Appeal is reproduced below :

(3.) Judgment-debtor Girdhari (appellant No. 1) applied to the Court on 24-41974 for accepting the deposit of Rs. 3.000. The Court directed the Nazir to receive the amount. It is not disputed that actually the amount was deposited in the Civil Court deposit on 26-4-1974 i.e. on the next date because deposits as per the High Court Rules and Orders (Civil) are accepted in the Nazarat only up to 2 p.m.