IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 3103 of 2009 (O&M) Date of decision : May 27, 2009 Hardeep Kaur and another Petitioners Versus Mehar Singh Respondent CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Mahavir Sandhu, Advocate for the petitioners A.N. JINDAL, J. (ORAL) The original decree was passed on 19.4.2005 wherein the trial Court had directed to depo sit the amount of Rs. 45,900/- within two months from the date of decree. However, before expiry of two months, the petitioner filed the appeal which was ultimately decided on 12.5.2007. The appellate Court did not fix any such time for depositing the amount but the respondent/decree holder while assessing two months period of his own and deposited a sum of Rs. 45,900/- on 22.10.2007 and remaining amount of Rs. 5500/- was deposited on 1.9.2007 on account of expenses of execution and registration of the sale deed. It is observed that the Appellate Court did not record any condition for depositing the amount and it is also well settled that the judgment of the trial Court merges in appeal, therefore, the respondent can not be said to be at fault in depositing the amount. The precedents as referred by learned counsel for the petitioner are not applicable to the facts of the present case. No grounds to interfere. Dismissed. (A.N.JINDAL) 27.05.2009 JUDGE reena