Avneesh Jhingan, J
The present civil revision petition has been filed under Article 227 of the Constitution of India, seeking quashing of orders dated 28.01.2019 and
29.01.2019 passed by learned Civil Judge (Jr. Division), Ludhiana (hereinafter referred to as the 'Executing Court') whereby, the petitioner was
ordered to be sent to civil prison while exercising powers under Order XXI Rule 30 of the Code of Civil Procedure, 1908.
There is no dispute between the parties that vide judgment and decree dated 17.09.2018 the respondents/plaintiffs were held entitled to an amount of
Rs. 16,54,000/- alongwith interest @9% per annum. Though, the afore-said judgment and decree has been challenged in appeal. Alongwith the appeal
application for condonation of delay as well as for stay have been filed.
Learned counsel for the petitioner states that applications and appeal are pending for 11.03.2019. He offers that petitioner would be paying Rs.
4,00,000/- upright. He contends that if the petitioner is released he would be paying the decree holders another sum of Rs. 4,00,000/- on or before
10.03.2019. He further submits that payments would be subject to his rights in appeal.
Learned counsel for the respondents submits that it is a money decree and after a long drawn litigation the suit has been decreed in his favour and he
is being denied the benefit of the same.
Without expressing any opinion on the merits of the case and as per the statement of learned counsel for the petitioner, the present civil revision is
disposed of with a direction that petitioner shall deposit an amount of Rs. 4,00,000/- before the Executing Court within three days from today and shall
make another payment of sum of Rs. 4,00,000/- before 10.03.2019. On deposit of initial amount of Rs. 4,00,000/- petitioner shall be released subject to
paying another sum of Rs. 4,00,000/- before 10.03.2019.
The appellate court shall decide the application for stay as expeditiously as possible. It is, however, clarified that meanwhile, the petitioner shall not
alienate or create any incumbrance of any of his immovable property.
Disposed of accordingly.
Needless to add that appellate court shall not be influenced by any observations made in this order. Moreover this arrangement is till the decision of
stay application.
