Civil Revision No.2561 of 2011 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2561 of 2011 Date of decision: August 26, 2011. Subhash Goel & Anr. ... Petitioners v. Satnam Singh & Ors. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Varinder Singh Mand, Advocate, for Shri BBS Sobti, Advocate the petitioners. Shri Harsh Aggarwal, Advocate, for respondent No.1. Kanwaljit Singh Ahluwalia , J. (Oral): Present revision petition has been filed to assail the order dated 16.3.2011 (Annexure P-1) passed by the court of Additional District Judge, Ludhiana in Civil Appeal No.96 dated 31.10.2010, titled as “Subhash Goel and another v. Satnam Singh and others”. The lower appellate court had stayed execution of the impugned judgment and decree passed by the trial court subject to deposit of 50% of the decretal amount by the appellant, i.e., defendants No.3 and 4 in the Executing Court and further furnishing indemnity bond qua the remaining 50% along with one surety in the like amount to the satisfaction of the Executing Court. In the present revision petition, it has been urged that Order 41 Rule 1(3) CPC vests power in the lower appellate court to direct appellant- Civil Revision No.2561 of 2011 -: 2 :- defendant to furnish such security, in respect of the decree, which the court may deem fit in the facts and circumstances of the case. On 8.8.2011, this Court had passed the following order:- “Shri Sobti states that to prove his bona fide regarding the undertaking furnished to this court on 20.04.2011, he will file an affidavit giving the details of the property and its value. Counsel further states that in affidavit, he shall undertake that the original title deed be kept with the Appellate Court and a note further be given in the record of rights that the property has been attached till the disposal of the appeal. To enable the Counsel to do the needful, list on 18.08.2011.” It is stated that already an affidavit has been filed by petitioner No.2 – Manjit Singh and in deference to the order dated 18.8.2011, no further affidavit is required to be filed. The said affidavit reads as under:- “1. That I am the owner of property with an area of 160 sq. yards, bearing property No.B-XVI-577/807, situated in Vishwakarma Street, comprised in Khasra No.91, Khata No.2782/3198, falling within the revenue estate of village Peeru Banda, as per Jamabandi for the year 2001-02, Tehsil and District Ludhiana. The said property has been purchased by me in the name of my sole proprietorship concern i.e. M/s Lamba Industries (Regd.), Gill Road, Ludhiana through registered sale deed dated 17.5.2004, registered with the Sub Registrar, Ludhiana (West), vide Vaseeka No.2956 dated 17.5.2004 and I am in possession of the said original sale Civil Revision No.2561 of 2011 -: 3 :- deed. 2. That after purchase of the said property, the mutation vide Mutation No. 35826 has been sanctioned on the name of M/s Lamba Industries (Regd.), Gill Road, Ludhiana which is my sole proprietorship and the effect of the same has been given in the copy of jamabandi for the year 2001-02. 3. That the above said property is a built up property, which is my absolute ownership,being the sole proprietor of the said concern and the present market value of the said property has been got assessed by me from Er. Sunil Kumar Goel, who is a Government Approved Valuer as well as Municipal Corporation Approved Valuer. He has given me his valuation report dated 13.8.2011, whereby he has assessed the total value of the above said property at Rs. 1,22,08,000/-. 4. That I undertake that I shall deposit the original title deed of the above said property with the learned lower appellate court and I further undertake that I have no objection if the note is given in the record of rights that the said property has been attached till the disposal of the appeal by the learned lower appellate court.” After hearing Counsel for the parties, the order passed by the lower appellate court is modified to the extent that the petitioners in consonance with the affidavit, may deposit the title deeds of the property mentioned in para 1 of the affidavit along with non encumbrance certificate. In case the title deeds and non encumbrance certificate are furnished by the petitioner, the lower appellate court shall direct the Civil Revision No.2561 of 2011 -: 4 :- authorities maintaining records of rights to make an entry in the record that the property cannot be alienated by way of sale, mortgage, gift or otherwise and the amount of decree is of charge upon the property. The petitioner/appellant-defendant shall obtain a certificate from the authorities maintaining the records of rights to the above effect and furnish the same before the lower appellate court. After the needful is done, the appellate court after recording its satisfaction on the basis of material placed that interest of respondent is secured or not, shall hear and decide the appeal within a period of three months. Disposed of. [Kanwaljit Singh Ahluwalia] August 26, 2011. Judge kadyan