Rajbir Singh v. Rakesh Kumar & Anr.

1. This is an application filed on behalf of respondent No.1, who was the decree holder before the learned Trial Court. It is submitted in the application that this Court vide Order dated 18.10.2019, on the basis of the compromise arrived at between the appellant and applicant/ respondent No.1, a direction was passed for release of the money, as deposited by the appellant. In pursuance thereof, the present application has been filed. CM APPL. 54847/2022 (for early hearing)

2. Mr. Baldeo Sharan, learned counsel appearing for the applicant/ respondent No.1 has drawn the attention of this Court to the decree sheet RFA 105/2019 2 dated 24.09.2018 at page 32 of the paper book passed in Suit NO. 575925/2016 titled “Rakesh Kumar vs. Rajbir Singh & Anr.”, whereby a sum of Rs. 6 Lakhs along with cost was decreed in favour of respondent No.1 and against the appellant, to be paid within three months from the date of the decree sheet.

3. It is submitted by Mr. Sharan, learned counsel that the Cash Branch of this Court is objecting to release of the monies to respondent No.1 on the basis that there is another respondent i.e., respondent No.2, namely, Umelsh @ Babu, who is also a party in the present appeal.

4. Mr. Sharan, learned counsel submits that respondent No.2, was originally the defendant No.2 and no relief was sought against him by the respondent No.1 in the suit, as laid before the learned Trial Court. He further submits that the objection of the Cash Branch of this Court is irrelevant since the respondent No.1 was the plaintiff and the decree is in his favour alone.

5. This Court has considered the contents of the application as well as the arguments urged by the learned counsel and perused the decree sheet, as enclosed at page 32 of the paper book.

6. Having considered the aforesaid arguments and specially the decree sheet, this Court is of the considered opinion that the respondent No.2 has no claim over the amount as deposited before this Court since respondent No.1 alone was the plaintiff and who was entitled to the decretal amount along with the interest as accrued till date.

7. It is directed that the amount as deposited by the appellant be released with accrued interest to the respondent No.1 by the Cash Branch, upon all formalities being completed and identity being RFA 105/2019 3 confirmed by the usual methods.

8. The said deposit be released within two weeks from today.

9. Application stands disposed of.

10. In view of the aforesaid, nothing survives in the present appeal. The appeal stands disposed of in terms of the aforesaid directions. RFA 105/2019 TUSHAR RAO GEDELA, J. JANUARY 25, 2023