Court No. - 38
Case :- SECOND APPEAL No. - 678 of 2018 Appellant :- Komal Singh Yadav Respondent :- Radha Swami Satsang Sabha Counsel for Appellant :- Ramendra Asthana,Tripathi B.G. Bhai Counsel for Respondent :- Anant Vijay
Hon'ble Siddharth,J.
Heard Sri Ramendra Asthana, learned counsel for the appellant and Sri Arurag Khanna, learned Senior counsel assisted by Sri Anant Vijay, learned counsel for the respondent.
Order on Civil Misc. Modification Application No. 2 of 2018
This modification application has been filed praying for modification of the order dated 13.07.2018 which was as follows:-
"Call for the lower court record at the expenses of appellants. Learned counsel for the appellants is directed to deposit expenses for summoning of lower court record within a period of 10 days.
List this appeal after receipt of lower court record for admission under Order 41 Rule 11 C.P.C. alongwith Second Appeal No. 1162 of 1984.
Subject to deposit of decreetal amount awarded by the trial court and deposit of mesne profit at the rate of Rs. 1000/- per month, execution of decree of the trial court shall remain stayed against the appellant, until further orders. In case of failure to deposit the aforesaid amounts by the appellant, this stay order shall stand discharged."
This order was conditional order. Since the condition therein has not been complied, the order stands discharged. Therefore, no modification can be done in the aforesaid order.
The application is accordingly, rejected.
Order Date :- 6.10.2021 Rohit