High Court Rajasthan High Court - Jodhpur

Firm Surender Kumar Goorishanker … vs Nathmal Somani on 3 November, 2008

Rajasthan High Court – Jodhpur
Firm Surender Kumar Goorishanker … vs Nathmal Somani on 3 November, 2008
 SBCRP NO.208/2008 - FIRM SURENDER KUMAR GOURISHANKER AND ANOTHRE V/S NATHMAL
                                                SOMANI . : JUDGMENT DTD.3.11.2008.


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         IN THE HIGH COURT OF JUDICATURE FOR
                     RAJASTHAN AT JODHPUR.


S.B. CIVIL REVISION PETITION NO.208/2008
Firm Surender Kumar Gourishanker and another.
                                    versus
Nathmal Somani


                                PRESENT
         HON'BLE Dr.JUSTICE VINEET KOTHARI


Mr.Pankaj Gupta, for the appellant.
Mr.Trilok Joshi, for the respondents.

DATE OF JUDGMENT                        : 3rd November, 2008.


                               JUDGMENT

1. Heard the learned counsel for the parties.

2. In the facts and circumstances of the case, since the

impugned judgments against which the defendants preferred an

appeal is money decree for a sum of Rs.20,701/-, this Court

finds no ground to interfere with the impugned judgment in its

revisional jurisdiction. The learned counsel for the petitioner

however submits that since the defendants have closed their
SBCRP NO.208/2008 – FIRM SURENDER KUMAR GOURISHANKER AND ANOTHRE V/S NATHMAL
SOMANI . : JUDGMENT DTD.3.11.2008.

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business,some time period may be granted to comply with the

impugned decree.

3. This submission is opposed by the learned counsel for

the respondent. However, in the facts and circumstances of the

case, this revision petition is disposed of with a direction that

the entire decreetal sum with interest as per the decree of the

Courts below shall be satisfied within a period of six months

from today in equal monthly installments. If the said decreetal

sum is not paid with interest within a period of six months from

today, the plaintiff – respondent – decree holder shall be free

to execute the said decree in accordance with law. The revision

petition is accordingly dismissed. No order as to costs.

(Dr.VINEET KOTHARI)J.

Item No.23
Ss/-