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2025 DAILYLAW 36566 (ALL)

SMT. SWARNLATA JAIN AND 3 OTHERS v. SHRI SANDEEP GADHA AND 2 OTHERS

A227/3363/2025 · 2025-04-07

Rohit Ranjan Agarwal

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:50187 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3363 of 2025 Petitioner :- Smt. Swarnlata Jain And 3 Others Respondent :- Shri Sandeep Gadha And 2 Others Counsel for Petitioner :- Rajesh Kumar Mishra Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for petitioners. This writ petition assails the order passed by District Judge, Agra in Civil Appeal No. 28 of 2025 whereby the appeal filed by defendants-petitioners against judgment and decree of trial court was admitted and on the question of stay under Order XLI Rule 5 CPC, the first appellate court had directed the petitioner to deposit 50% of the decretal amount (Rs.13 lac) and furnish security for rest of 50% other than cash and bank guarantee. From perusal of the order impugned, I find that there is no infirmity in the said order and the court has granted relaxation to petitioner for depositing only 50% of the decretal amount in cash and furnish security for rest 50% amount. No interference is required in the order impugned. The writ petition stands dismissed. However, looking to the facts and circumstances of the case, the order dated 26.03.2025 is modified only to the extent that period of 15 days provided to petitioner is extended upto 15.04.2025. Order Date :- 8.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad