RSA No.1381/2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA No.1381/2008 Date of decision: 22.12.2011. Jagittar Singh and another ....................Appellants v. Gurdev Kaur and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.JS Brar,Advocate for the appellants. Mr.Rahul Chhatwal,Advocate for respondents 1,3 and 4 Mr.Surinder Garg,Advocate for respondent no.5. Jaswant Singh.J.(Oral) Plaintiffs have filed the present second appeal against the judgement and decree dated 7.12.2007 passed in appeal whereby the alternative relief of return of earnest money alongwith interest was awarded while setting aside the judgement and decree dated 1.10.2004 passed by the trial court where by the suit for specific performance of the appellants/plaintiffs was decreed in toto. This court had declined to interfere, however, on the limited question of return of quantum of earnest money, notice of motion was issued vide order dated 2.5.2008 since factually the amount of earnest money received by the defendant no.1 Ranjit Singh was Rs.6,31,000/- RSA No.1381/2008 2 instead of erroneously recorded sum of Rs.5,85,000/-. For ready reference the order dated 2.5.2008 is reproduced hereunder:- “I have heard learned counsel for the appellants and perused the paper-book. There is no ground for interference as far as the question of specific performance is concerned. The judgement and decree of the trial court is absolutely correct and based upon correct appreciation of evidence/material on record. Learned counsel for the appellants has agreed that the lower appellate court while modifying the judgement and decree of the trial court has passed a decree for recovery of only an amount of Rs.5,85,000/- whereas earnest money itself was Rs.6,31,000/-. Notice of motion only on the question of quantum of earnest money, returnable on 19.8.2008. In the meanwhile, respondents will file an undertaking for payment of the decretal amount as also the interest within four weeks.” Mr.Rahul Chhatwal, learned counsel for the LRs of defendant-Ranjit Singh submits that on 10.12.2011 a sum of Rs.7,36,502/- (Rs.5,85,000/- as principal amount, Rs.1,40,000/- as interest, Rs.11,101-50 as costs) has finally been paid. He however, RSA No.1381/2008 3 concedes that in view of the order and the factual position a sum of Rs.46,000/- as principal amount alongwith interest awarded by the appellate court still remains to be paid. He, however, undertakes to deposit the aforesaid remaining amount with the Executing Court within a period of four weeks from today. In view of the statement made on behalf of LRs of Ranjit Singh, counsel for the plaintiffs/appellants submits that in the present appeal nothing more remains to be decided. In view of the agreed stand this petition is disposed of as having become infructuous. It is clarified that if the LRs of defendant do not deposit the remaining amount within four weeks from today, the plaintiffs shall have liberty to take appropriate legal remedy besides they being hauled up in contempt proceeedings. 22.12.2011 (Jaswant Singh) joshi Judge