HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 337/2021
Santra Devi W/o Ramdev Khinchi,
----Appellant-defendant
Versus
Bhanwar Lal S/o Shri Bheru Lal (since deceased) through LRs. &
ors.
----Respondents
For Appellant(s) : Mr. Abhi Goyal
For Respondent(s) : Mr. S.K. Saksena
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
06/04/2022
Appellant-defendant No.2 has filed this first appeal assailing the judgment and decree dated 27.08.2021 passed by Additional District Judge No.1 Jaipur Metropolitan II, Jaipur in civil suit NO.443/2012 whereby and whereunder while passing decree for specific performance in favour of respondent No.1 against the respondent No.2, the registered sale deed of appellant dated 07.05.2008 had also been declared as null and void. Simultaneously, the trial court has directed the appellant- defendant No.2 to hand over the possession of suit property (house) to respondent-plaintiff-decree holder within a period of three months else would be entitled to mesne profit prescribed by the Public Works Department, Government of Rajasthan.
Heard learned counsel for both parties for admission. Admit.
Issue notice.
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(2 of 2) [CFA-337/2021] Since the counsel for respondent Nos.1/1 to 1/4, has already appeared, no need to issue notice. Therefore, notices be issued to respondent Nos.1/5 and 2/1 to 2/3 only. Notices be issued in both modes, one to be sent by ordinary process another by registered post.
Record has already been received.
Heard learned counsel for both parties on the stay application.
It is not in dispute that the appellant is having possession of suit property on the strength of registered sale deed dated 07.05.2008 and decree for specific performance on the basis of an agreement has been passed in favour of respondent-plaintiff. No sale deed has been made in favour of the respondent-plaintiff. As such the direction for holding the plaintiff entitled for the mesne profits are also required to be stayed.
Having considered the facts and circumstances of the case as also considering the nature of impugned judgment and decree dated 27.08.2021, it is hereby directed that the operation and execution of impugned judgment and decree dated 27.08.2021 shall remain stayed with further direction that both parties shall maintain status quo in relation to the property in question as to alienation as well.
With the aforesaid, stay application stands disposed of.
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