R.S.A.No.2887 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2887 of 2010(O&M) Date of Decision:18.07.2011 Dalbara Singh ......Appellant Versus Lal Singh ....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.A.S.Jattana, Advocate, for the appellant. Mr.Vishal Aggarwal, Advocate, for the respondent. **** M EHINDER S INGH S ULLAR , J.(oral) The civil suit for recovery filed by Lal Singh son of Isher Singh- respondent-plaintiff(hereinafter to be referred as “the plaintiff”) against Dalbara Singh son of Bachan Singh-appellant-defendant(for brevity “the defendant”) was decreed by the trial Court, by way of impugned judgment and decree dated 09.10.2009, the operative part of which is, as under:- “As a result of my foregoing discussion and in view of my finding on the above said issues, the suit of the plaintiff succeeds and is decreed with costs for the recovery of `96,000/- along with interest at the rate 12% P.A. on the principle amount from the date of pronote till the date of filing of the suit as well as pendente lite interest at the rate 12% P.A. Further plaintiff is also entitled to recover future interest at the rate 6% PA. from the date of this decree till actual realization thereof.” 2. The appeal filed by the defendant was dismissed as well by the first Appellate Court, by means of impugned judgment and decree dated 12.04.2010. 3. The appellant-defendant still did not feel satisfied with the impugned R.S.A.No.2887 of 2010(O&M) 2 judgments and decrees of the Courts below and preferred the present regular second appeal. 4. During the course of hearing of the appeal, the defendant exhibited his intention to pay the decretal amount and a Co-ordinate Bench of this Court (M.M.S.Bedi, J.) passed the following order on February 25, 2011:- “Learned counsel for the appellant seeks time to confirm if the appellant will be able to pay the entire decretal amount within the period of 1 to 1½ years. Adjourned to 21.03.2011. Meanwhile, a sum of `30,000/- will be paid by the appellant to the decree holder-respondent by the next date of hearing.” 5. In pursuance thereof, the defendant paid part of the decretal amount in the Court on different occasions. 6. What is not disputed here is that, in this manner, the defendant has already paid a total sum of `85,000/- to the plaintiff and sought a period of one year, to make the payment of balance amount to him(plaintiff) in three equal installments. 7. Learned counsel for the plaintiff acknowledged the payment and accepted the offer of the defendant, in this relevant connection. 8. In this view of the matter and after hearing the learned counsel for the parties, going through the record, the instant appeal is hereby disposed of with the direction that the defendant will pay the balance decretal amount (without future interest) in three equal installments, within a period of one year from today. July 18, 2011 (MEHINDER SINGH SULLAR) seema JUDGE