HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 31/2022
Shri Devi S/o Shri Dhanna Ji & Ors.
----Appellants
Versus
Shri Jeevan S/o Shri Surajmal & Ors.
----Respondents
For Appellant(s) : Mr. Amit Jindal
For Respondent(s) : Mr. R.P. Singh, AAG assisted by
Mr. Jaivardhan Singh Shekhawat
Mr. Rahul Agarwal
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
12/04/2022
Appellants-defendants have filed this first appeal assailing the judgment and decree dated 14.12.2021 passed by Additional District Judge No.3, Beawar in civil suit No.10/2017 whereby and whereunder the civil suit for specific performance filed by respondent No.1-plaintiff has been decreed.
After service of notices, respondents have put in appearance. By perusal of impugned judgment, it appears that respondent-plaintiff has been found in cultivation and possession of the land in question and findings of possession stand in his favour. However, since the decree for specific performance has been passed in the first appeal, the matter required to be heard on facts and law hence the appeal is admitted for hearing.
Since all respondents are put in appearance, no need to issue fresh notices for hearing.
Having considered the facts and circumstances of the case and nature of decree, the execution of impugned judgment and (Downloaded on 18/04/2022 at 08:30:01 PM) (2 of 2) [CFA-31/2022] decree dated 14.12.2021 shall remain stayed with further direction that both parties shall maintain status quo as to alienation and possession in relation to the property in question during the course of appeal.
With aforesaid observations, the stay application stands disposed of.
(SUDESH BANSAL),J SAURABH/28 (Downloaded on 18/04/2022 at 08:30:01 PM) Powered by TCPDF (www.tcpdf.org)