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Gurinder Singh and ors. Vs. Harmala Kaur and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 760 of 1980
Judge
Reported in(1982)2SCC54
AppellantGurinder Singh and ors.
RespondentHarmala Kaur and ors.
Excerpt:
- [y.v. chandrachud, c.j.,; n.l. untwalia and; e.s. venkataramiah, jj.] - civil procedure code, 1908 — order 21, rule 26 — execution of decree passed by high court stayed until disposal of second appeal pending in the high court -- we, therefore direct that the decree passed by the high court on january 21, 1980, shall not be executed until disposal of the second appeal which is pending in the high court. the interest which this amount will bear and the security in the sum of rs 10,000 which the appellants have agreed to furnish shall be adjusted by the high court in the light of its decision in the second appeal......pending in the high court.3. as a condition of stay, however, we direct that the appellants shall furnish security, as agreed by them, in the sum of rs 10,000 towards mesne profits, to the satisfaction of the registrar of the high court, within one month from today. the amount of rs 96,000 and odd which has been deposited by the respondents in the district court shall be invested in a short-term deposit for six months. the interest which this amount will bear and the security in the sum of rs 10,000 which the appellants have agreed to furnish shall be adjusted by the high court in the light of its decision in the second appeal. considering that the sale deed was executed nearly 10 years back, we direct that the high court shall dispose of the appeal as expeditiously as possible,.....
Judgment:

Y.V. Chandrachud, C.J.,; N.L. Untwalia and; E.S. Venkataramiah, JJ.

1. Heard counsel. Special leave granted.

2. We are of the opinion that this is a proper case in which execution of the decree should be stayed. We, therefore direct that the decree passed by the High Court on January 21, 1980, shall not be executed until disposal of the second appeal which is pending in the High Court.

3. As a condition of stay, however, we direct that the appellants shall furnish security, as agreed by them, in the sum of Rs 10,000 towards mesne profits, to the satisfaction of the Registrar of the High Court, within one month from today. The amount of Rs 96,000 and odd which has been deposited by the respondents in the District Court shall be invested in a short-term deposit for six months. The interest which this amount will bear and the security in the sum of Rs 10,000 which the appellants have agreed to furnish shall be adjusted by the High Court in the light of its decision in the second appeal. Considering that the sale deed was executed nearly 10 years back, we direct that the High Court shall dispose of the appeal as expeditiously as possible, preferably within a period of six months from today.

4. There will be no order as to costs.

5. The appeal shall stand disposed of in terms of this Order.


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