HARI GOPAL Vs. SARDARMAL

JUDGEMENT

(1.) THIS is a revision application by one Hari Gopal against an order of the Senior Civil Judge No. 1, Jodhpur.

(2.) THE facts which have given rise to this revision application are these. Hari Gopal instituted a suit against Sardar Mal, Mehtab Chand and Dr. Onkar Singh for recovery of certain ornaments. THE suit was decreed in his favour on 23-12-58 against Sardar Mal and Mehtab Chand, Dr. Onkar Singh having died during the pendency of the suit. Sardar Mal and Mehtab Chand preferred D. B. Civil First Appeal No. 58/59, against the decree and filed an application for stay of delivery of the ornaments to Hari Gopal. On 7-5-59 an ex parte interim order staying the delivery of the ornaments was passed and on 6. 11. 59 the following stay order was passed: "heard learned counsel for the parties. THE order for stay of delivery of possession of the ornaments is made absolute subject to the condition that within one month from the date of this order the appellant will deposit in cash a sum of Rs. 1000/- by way of security for any loss that the respondent may suffer on account of loss of interest which he may hav|e earned over the value of the ornaments in question if the ornaments had been delivered to him. If this security is deposited, the ornaments will remain in custodia legis as before and the hearing of the appeal will be expedited. In case the appeal is not disposed of within the course of a year, it would be open to the respondent to apply for fresh security. If the amount in question is not deposited within the period allowed, the respondent will be entitled to take delivery of the ornaments in question subject to giving security to the satisfaction of the Court below for restitution in case the appeal succeeds. "

(3.) THE costs of this revision shall abide the final result of the application. .