High Court of Punjab and HaryanaCR/2815/2016disposed of

Baltej Singh Dandiwal & ANR v. Tejinder Singh Kamboj

2017-12-21Mrs. Justice Anita Chaudhry2 pages

Civil Revision No.2815 of 2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2815 of 2016 (O&M) Date of Order:21.12.2017 Baltej Singh Dandiwal and another ..Petitioners

Versus

Tejinder Singh Kamboj ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. S.D.Bansal, Advocate, for the petitioners.

ANIL KSHETARPAL, J (Oral) Challenge is to the order passed by the learned trial Court, setting aside the ex-parte decree, subject to the deposit of Rs.4,00,000/- within a period of one month from today.

While issuing notice of motion, this Court had directed the petitioners to deposit Rs.50,000/- to the credit of the case within a period of two weeks. It is not disputed before me that the aforesaid amount has been deposited with the Civil Court.

During the course of hearing, counsel for the parties have arrived at a consensus. It is agreed that the petitioners shall furnish security of immovable property with respect to the remaining decreetal amount. It is further agreed that the amount of Rs.50,000/- deposited by the petitioner pursuant to the order dated 25.04.2016 shall be invested in a fixed deposit for a period of 1 year with a nationalized bank. Petitioners shall file an undertaking before the trial Court that in case the suit of the plaintiff is decreed, the amount of decree shall be a Naresh Kumar 2018.01.08 10:36 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.2815 of 2016 (O&M) -2charge on the immovable property so furnished as a security. Petitioner would further give undertaking that the property is free from charge and would not create any charge during the pendency of the suit. Petitioners shall furnish the security by 15.02.2018. With these agreed terms, the revision petition is disposed of accordingly.

December 21, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.01.08 10:36 I attest to the accuracy and integrity of this document Chandigarh