HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 297/2007
Sumat Kumar And Ors
----Appellants
Versus
Kanhiya Lal
----Respondent
For Appellant(s) : Mr. Mahesh Gupta
For Respondent(s) : Mr. Saransh Saini with
Mr. Sanjeev Kumar
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
03/03/2022
This second appeal has been filed by appellant-plaintiff. His suit was decreed by the trial Court vide judgment and decree dated 07.07.2003 passed by Civil Judge (Senior Division), Shahbad, District Baran in civil suit No.3/2001. The following decree was passed in his favour reads as under:-
"ifj.kker% oknhx.k dk nkok fo:) izfroknh LFkk;h fu"ks/kkKk e; [kpkZ fMØh fd;k tkrk gSA rFkk tfj, LDkk;h fu"ks/kkKk izfroknh dks ikcan fd;k tkrk gS fd layXu uD'ks esa of.kZr , ch lh Mh Hkwfe ,oa b ,Q th ,p nqdku ds fuekZ.k esa dksbZ ck/kk&#dkoV u MkysaA rFkk tfj, vkns'kkRed O;kns'k }kjk izfroknh dks vkns'k fn;k tkrk gS fd ch Mh lkbZM esa iwohZ vksj oknhx.k ds vius fgLls esa uhao [kksndj nhoky [kM+h djus esa #dkoV u MkysaA vkSj ;fn vLFkkbZ Mksyh dk tks fuekZ.k fd;k gS mls rqjUr gVk ysaA"
The first appellate Court has set aside the decree. After hearing learned counsel for both parties, the second appeal is admitted on the following substantial question of law:- (Downloaded on 05/03/2022 at 08:56:46 PM)
(2 of 2) [CSA-297/2007] "As to whether the judgment of first appellate court is perverse and suffers from non appreciation of the evidence available on record?"
Notice need not be issued as respondent is represented through his counsel.
Record of courts below has already been received. The property in question is an open plot, during pendency of second appeal, parties shall maintain status quo in relation to the property in question.
The stay application stands disposed of.
(SUDESH BANSAL),J TN/52 (Downloaded on 05/03/2022 at 08:56:46 PM) Powered by TCPDF (www.tcpdf.org)