SUPREME COURT OF INDIA

Before:- V.N.Khare and N.Santosh Hegde, JJ.

Civil Appeal No.1299 Of 2001 (Arising out of S.L.P.<189> No. 19303/2000). D/d. 16.2.2001.

Khopoli Nagarpalika Parishad & Anr. - Appellants

Versus

Abdul Mohammed Agaria - Respondent

Money decree- Suspension of operation subject to deposit, directed in appeal- Appellants have already moved an application for clarification/modification of interim order - Same has not yet been considered - Directed that said application requires to be considered and till the matter is decided the appellant is not required to deposit the decretal amount.

[Para 1]

ORDER

V.N. Khare, J. - Leave granted. The plaintiff-respondent filed a suit for recovery of money and the same was decreed. Similarly, the plaintiff-appellants also filed a suit for recovery but it was dismissed. The two sets of appeals were filed before the High Court. In the said appeals, an application for interim order for suspending the operation of the decree was moved. The High Court granted an interim order and stayed the decree subject to deposit of Rs. 41,76,479.58. It is against the said order, the present appeal has been filed. While issuing notice, we suspended the order of the High Court to the extent it directed to deposit the decreetal amount. Learned counsel for the appellants states that the appellants have already moved an application for clarification/modification of the interim order dated 10.10.2000 and the same has not yet been considered. In view of the fact that the said application requires to the considered, we direct the High Court to decide the said application, if possible within a period of one month from today. Till the matter is decided the appellant shall not be required to deposit the decreetal amount. The application of the appellant would be considered on its own merit without being influenced by this order. The appeal is disposed of accordingly. No costs.

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