Full Judgment
F.A.No.416/2010 19.11.2012 Shri Manikant Sharma, Advocate for the appellant.
Ms.Shweta Gupta, Advocate for respondent No.1.
I.A.No.6325/2012 for modification of order dated 14.02.2011.
It is submitted by the learned counsel appearing for the appellant that the appellant Sheikh Babu was a very poor person and could not deposit the cost incurred in the court below, though he had filed an application for modification of interim stay dated 02.12.2010 which was allowed on 14.02.2011 but in spite of this, he was unable to deposit the cost in two installments as directed on 14.02.2011.
However, he has died on 23.02.2011.
not the heirs are his widow and three minot children, who are not in a position to deposit the cost.
On the aforesaid ground, it is prayed that the order dated 14.02.2011, directing the appellant herein, to deposit the cost incurred in the court below may be modified and they may be exempted from depositing the cost.
Learned counsel appearing for the respondent No.1 has opposed the application and submitted that the appellants either may deposit the cost incurred in the court below or may be directed to execute the sale deed.
After considering the aforesaid, we find it appropriate to modify the order and accordingly the condition No.2 in the interim order dated 14.02.2011, directing to appellant to deposit the cost, is hereby deleted.
With the aforesaid direction, I.A.No.6325/2012 is finally disposed of.
C.C.as per rules.
(Krishn Kumar Lahoti) (Smt.
Vimla Jain) Judge Judge psm