C.R. No. 3930 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3930 of 2008 Date of Decision: July 20, 2009 Dharampal Jindal …..Petitioner Vs. State of Punjab and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. K.K. Garg, Advocate for the petitioner. Mr.N.S. Pawar, Addl. A.G., Punjab. -.- M.M.S. BEDI, J. (ORAL) The suit of the plaintiff for mandatory injunction was decreed by Additional Civil Judge (S.D.), Barnala, vide judgment and decree dated September 26, 2005, directing the defendant- respondent State to make the payment of interest of Rs.13659/- from February 15, 2001 at the rate of 6% per annum till actual payment is made on account of the retrial benefits claimed by him. The respondent State of Punjab had filed an appeal after a C.R. No. 3930 of 2008 [2] period of limitation alongwith application for condonation of delay. Vide impugned order dated March 17, 2008, the lower Appellate Court after framing of issues has condoned the delay subject to payment of Rs.1000/- as costs. The plaintiff has challenged the order passed by the Lower Appellate Court condoning the delay on the ground that the State has taken up contradictory stand making the application under Section 5 of the Limitation Act not maintainable. It has been vehemently urged that the application for condonation of delay has been wrongly allowed. I have heard counsel for the plaintiff- petitioner and State counsel at length. During the course of arguments, it transpired that the decretal amount, in execution proceedings, has been released by the State and is lying with the Executing Court. Since the State had already deposited the decretal amount which is lying with the Executing Court, taking into consideration the inconvenience which has been caused to the plaintiff and striking a balance between the right of the State to have a fair adjudication of the appeal on merits and the rights accrued to the plaintiff from the decree, I am of the opinion that the delay in filing of the appeal can be condoned in the present case subject to the payment of decretal amount to the plaintiff besides a costs of Rs.5000/-. The order passed by the Additional District Judge, Barnala dated March 17, 2008 is hereby confirmed, however, with a slight modification i.e. the costs will be enhanced from Rs.1000/- to Rs.5000/- and that the decretal amount which has already been deposited by the State with C.R. No. 3930 of 2008 [3] the Executing Court will be disbursed to the plaintiff subject to the final disposal of the appeal. While releasing the amount, the petitioner will be required to furnish an undertaking that in case the State appeal is allowed, he would return the amount. Disposed of. July 20, 2009 (M.M.S.BEDI) sanjay JUDGE