Civil Revision No.7721 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7721 of 2010 (O&M) Date of decision: 26.11.2010 Fateh Singh ....Petitioner Versus Hari Chand and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Ajay Kumar Kansal, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Learned counsel for the petitioner states that learned trial Court has dismissed the suit of the plaintiffs seeking declaration, however, decreed the counter-claim of the defendants seeking possession and mesne profit. Learned counsel for the petitioner further states that first appellate Court has stayed the operation and effect of the decree passed in favour of the defendant/petitioner in his counter-claim without directing the defendants to deposit the mesne profit granted by the trial Court. In the opinion of this Court, as per Order 41 Rule 1 Sub-rule 3 CPC, no appeal against money decree is maintainable unless and until amount is deposited. Further as per Order 41 Rule 5 CPC, money decree should not be stayed unless and until decretal amount is deposited or Civil Revision No.7721 of 2010 (O&M) -2- security thereof is furnished to the satisfaction of the appellate Court. Present petition is disposed of with the liberty to the petitioner/respondent to move an appropriate application before the appellate Court to call the appellant to deposit the decretal amount or to furnish security before the appellate Court to the satisfaction of the appellate Court. On such application being moved, appellate Court shall decide the same in accordance with law. (Alok Singh) Judge November 26, 2010 R.S.