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DONTI SUDHAKAR REDDY v. M/S. VISWASRI REALTORS

Supreme Court of India | Diary 132/2020

Status

Order

Decided On

2020-01-24

Bench

HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR and HON'BLE MR. JUSTICE R. SUBHASH REDDY

Petitioner

DONTI SUDHAKAR REDDY

Respondent

M/S. VISWASRI REALTORS

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Full Judgment Text

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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL 644 of 2020 (Arising out of SLP(C) No. 455 of 2020)

DONTI SUDHAKAR REDDY …APPELLANT

VERUS

M/S. VISWASRI RELATORS AND ORS. …RESPONDENTS

O R D E R

Issue notice.

Ms. S. Thananjayan, learned advocate accepts notice on behalf

of the caveator.

Leave granted.

Heard learned counsel for the appellant as well as the

caveator’s advocate.

By the impugned order, the High Court has directed the

appellant to deposit additional sum of Rs.28,07,550.50 ps. within

four weeks so as to make it equivalent of 50% of the decretal

amount.

The records reveal that the suit for recovery of money was

filed for a sum of Rs.50,06,268/- plus interest. The suit was

decreed with interest thereon. The appellant herein filed an appeal

before the High Court. At the time of consideration of an

application for stay, the High Court directed the appellant to

deposit 50% of the decretal amount. Thereafter the appellant filed

an application for modifying the said interim order on the ground

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that it is financially not possible for him to deposit 50% of the

decretal amount. Accepting the said submissions of the appellant,

the High Court, by interim order dated 18.12.2018, directed the

appellant to deposit Rs.23 lakhs only by 27.01.2019. Subsequently

by another order, time to pay was extended. The appellant,

accordingly, de...

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