Whether withdrawl of deposited money against decree

tej (Querist) 17 July 2013 This query is : Resolved

dear experts
the trial court has passed the decree and judgement in civil suit in my favor.
the opponent filed first appeal against impugned decree and judgement and applied to stay decree and proceeding Hon.court ordered to deposit principal amount as security to stay.the opponent appellant has deposited the amount accordingly in trial court and same is invested in interest earning bank deposit . Now the appellant court has passed the judgement and has confirmed the decree of trial court .and in judgement itself allowed liberty to original plaintiff for withdrawal of deposited principal amount of decree deposited earlier as per order for granting the stay.
org.plaintiff applied for withdrawl but trial court has asked to furnish 1.affidavit stating no appeal is pending against order of first appellant court2. indemnity bond 3.security
org. plaintiff in due period filed second appeal against judgement and order of first appellant court for not various grounds 1 to 30 but hon'ble court dismissed the second appeal without determining all 1 to 30 grounds
my query is
1.whether i should prefer slp against judgement /order in second appeal for not considering/ determining all 1 to 30 grounds.and only on basis of considering only 1 ground
2. can i withdraw deposited money in trial court as already explained above will have any harm to my rights to challenge the judgement and orders in second appeal
3. whether i will need to apply freshly for withdrawl of deposited partial decreetal amount
thanks in advance
tej

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Guest (Expert) 17 July 2013
1. Generally issues are framed by the trial court. The appellate court's role is very limited and confined only to the pleadings, impugned judgment and decree, whether all the issues are properly adjudicated by the trial court and finally deliver judgment. I think you have no grievance on trial court's judgment. Only in the second appeal, you say that all 1 to 30 grounds are not determined at all. As a Rule, the court sitting in second appeal deals only with substantial question of law and hence only the grounds involving legal issues are determined and facts are pushed to back seat unless they are incidental for taking the final decision. However, you may consult your advocate dealt with the case in second appeal for your better comprehension.
2. If any of the legal issues amongst 30 grounds are not properly determined in second appeal, you may file Review petition in the HC.
3.As far as the deposited amount is concerned, the original plaintiff (sic) always have the right to it and he may file a petition on the lines ordered by the trial court for claiming the said sum.

Raj Kumar Makkad (Expert) 18 July 2013
I do endorse the advice of Rao.

tej (Querist) 19 July 2013
thanks but i will post all 30 grounds for ready reference for the experts.
and on applying for the withdrawal application trial court has passed the other side to say order.is it necessary to call say when i have filed application for withdrawal (along with affidavit) of deposited amt which was deposited as per order of ho.first appellant court for granting the stay. the first appellant court has already granted liberty to original plaintiff for withdrawal in the judgement and pertinent to note here that at this stage there is no stay . please guide

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