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Judgment
The instant Civil Second Appeal under Section 100 CPC has
been filed by the defendant-appellant aggrieved by the judgment
and decree dated 12th April, 2017 passed by learned Additional
District Judge No.15, Jaipur Metropolitan in civil appeal
No.10/2015 whereby the court below has dismissed the appeal
filed by the defendant-appellant against the judgment and decree
dated 4th April, 2014 passed by learned Addl. Civil Judge (East)
Jaipur Metropolitan in Civil Suit No.220/2007. The learned trial
court by the aforementioned judgment and decree had decreed
the suit of the plaintiff respondent for permanent injunction
directing the defendant-appellant to close the Microwave Station
alongwith DLC and DG Sets within two months from the date of
judgment.
The appeal has been filed with a delay of 11 days. An
application under Section 5 of the Limitation Act has been filed to
condone the said delay.
For the reasons mentioned in the application under Section 5
of the Limitation Act, the same is allowed and the delay of 11 days
in filing the appeal is, condoned.
Shri VK Tamoliya, learned counsel appearing for the
defendant-appellant after arguing the appeal at some length, on
instructions of his client, has stated that a period of six months
may kindly be granted to the defendant-appellant to close the
Microwave Station along with DLC and DG Sets.
In view of the aforesaid submission of learned counsel for
the defendant-appellant, this second appeal is being decided in
the following term:-
The defendant-appellant shall be entitled to continue operation of the Microwave Station along with DLC and DG Sets up to 31st January, 2018 but not beyond that, subject to condition that he would close Microwave Station along with DLC and DG Sets on or before 31 st January, 2018.
Further, the competent officer/authorised signatory of the
defendant-appellant shall submit an undertaking on oath incorporating the aforesaid condition before the trial court within a
period of four weeks from the date of this order. In case, the
defendant-appellant fails to submit the undertaking as aforesaid
within four weeks from today and/or commits breach of the
aforesaid condition of this order, the plaintiff-respondent shall be
entitled to execute the decree forthwith.
The second appeal stands disposed of accordingly, Stay
application is also disposed of.