HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 345/2022
Laddu Lal, Son Of Shri Chotu Lal Alias Chotya
----Appellant
Versus
Nand Pal Son Of Shri Chotu Lal Alias Chotya & ors.
----Respondents
For Appellant(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/08/2022 This first appeal has been filed under Section 96 of CPC read with Order 41 CPC against the judgment and decree dated 28.03.2022 passed by District Judge (Family Court) Sawai Madhopur in civil suit No.50/2017 whereby and whereunder his civil suit for specific performance and permanent injunction and cancellation of sale deeds dated 25.02.2015 and 16.10.2015 has been dismissed.
Learned counsel for the appellant-plaintiff submits that the valuation of first appeal has been made similar to the valuation of the suit made before the trial court and the equivalent court fee of Rs.62,125/- paid before the trial court, has been paid in the first appeal.
In view of above, the defect pointed out by the Office is waived.
Heard learned counsel for the appellant-plaintiff on admission.
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(2 of 2) [CFA-345/2022] Counsel for appellant submits that appellant-Laddu Lal, respondent No.1-Nand Pal and respondent No.5- Prabhu Lal are sons of late Sh. Chotu Lal @ Chotya and have 1/3rd share of each in the agricultural land. The respondent defendant No.1-Nand Pal agreed to sell his 1/3rd share to the plaintiff through agreement dated 28.11.1989. However, later on the respondent No.1 has executed sale deeds dated 25.02.2015 and 16.10.2016 in favour of other persons. Hence, the plaintiff instituted the present civil suit for specific performance and for declaration of the subsequent sale deeds dated 25.02.2015 and 16.10.2016 as null and void.
Heard.
Admit.
Issue notice to respondents.
Record of the trial court be summoned. Stay application shall be heard after service of notice upon respondents.
(SUDESH BANSAL),J TN/37 (Downloaded on 31/08/2022 at 11:51:28 PM) Powered by TCPDF (www.tcpdf.org)