PACIFIC ADVERTISERS Vs. KASHMIRI LAL GOYAL

JUDGEMENT

(1.) C. M. No. 8314-C of 2010 and Main Appeal : While admitting the instant Regular Second Appeal vide order dated 09.03.2004, it was also ordered in the concluding part of the order as under :- It is, however, directed that the licensee-appellants shall deposit the entire license fee as per agreement till date within a period of three months from today. If they fail to deposit the arrears of license fee as per agreement, then the appeal shall be deemed to be dismissed. They shall also keep on depositing monthly license fee by 7th of every month till final disposal of the appeal.

(2.) RESPONDENT has moved C. M. No. 8314-C of 2010 for dismissing the appeal because the non-applicant/appellants did not pay the license fee, as directed vide order dated 09.03.2004. It is also alleged in the application that decree for mandatory injunction passed by the courts below has since been executed and vacant possession of the suit property has since been taken by the applicant-respondent/decree-holder. The application is accompanied by affidavit. It is accordingly prayed in the application that in view of non-compliance with concluding part of order dated 09.03.2004, the appeal be dismissed.

(3.) CONCLUDING part of order dated 09.03.2004 has not been complied with, as per averments made in the application accompanied by affidavit, which stand unrebutted. Consequently, in view of said order, there is no option but to dismiss the instant second appeal. Accordingly, C. M. No. 8314-C of 2010 is allowed and main appeal bearing R. S. A. No. 900 of 2004 is dismissed.