Shyam Aggarwal v. Pl Handa

I #A-46 % 24.1O.20LL Present: Mr. Hiren Dasan, Advocate, for the petitioner. +CM (M) No. L255/2O1L & CM No. L9688/2O1L * The order impugned before this Court is the order dated 1"2.L0.201L; the appellate court in the appeal filed under Section 96 of the Code of Civil Procedure had issued notice of the appeal and passed the following order:- "In view of the undertaking given by counsel for the appellant to deposit decreetal amount and willingness to handover the possession. The operation of judgment and decree is stayed subject to deposition of decreetal amount within 1-0 days and ncltice of appeal be issued thereafter for 17.LL.201.1 to the respondent." Contention before this Court is that a conditional leave could not have been granted and notice of the appeal could not have been issued subject to a condition; for this proposition reliance has been placed upon (2004) 7 SCC 337 Deuitheatre Vs. Vishwanath Rqju. Impugned order has noted that an undertaking had been given by the counsel for the appellant to deposit the decreetal amount and his willingness to handover F L- ) Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. the possession; in view of this undertaking the impugned order as noted supra; judgment relied upon by learned counsel for the petitioner has no application. Petition is without any merit. Dismissed. II u" INDERMEET KAUR, J ocToBERz4,20Ll 'La I I n {.) )