SBCRP NO.208/2008 - FIRM SURENDER KUMAR GOURISHANKER AND ANOTHRE V/S NATHMAL SOMANI . : JUDGMENT DTD.3.11.2008. 1/2 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/-