IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH R .S.A. No. 4714 of 2009 (O&M) Date of decision : 11.08.2011 Sat Pal ...Appellant versus Darshan Singh ...Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Gurbachan Singh Bhatia , Advocate for the appellant. *** M ehinder S ingh S ullar, J. (Oral), As is evident from the record that a Co-ordinate Bench of this Court (M.M.S. Bedi, J.), passed the following order on April 19, 2011, when the appeal was listed for hearing: - “The suit of the plaintiff-respondent for recovery stands decreed by the Courts below. A concurrent finding of fact has been arrived at by the Courts below that a loan of Rs.40,000/- was given by the plaintiff-respondent to be paid with interest @ 2 per cent per annum on demand. The dispute is amongst the real brothers. As per the provisions of Order 32 A Rule 3 CPC, it is deemed appropriate to make an endeavour at first instance to assist the parties in arriving at a settlement in respect of the subject matter. Notice of motion to the respondent, subject to appellant depositing a sum of Rs.40,000/-, with the Registry, within a period of 20 days, for 11.08.2011. It is made clear that in case the amount is not deposited, the appeal will be deemed to have been dismissed.” It is not matter of dispute that appellant has not deposited an amount of Rs.40,000/-, in pursuance of previous order. In this view of the matter, no option is left with this Court except to dismiss the instant appeal, on account of non-payment of indicated amount/non-compliance of order of this Court dated April 19, 2011. Accordingly, the present appeal is dismissed as such. August 11, 2011 (Mehinder Singh Sullar) naresh.k JUDGE