HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 348/2021
Pradeep Mundra Son Of Shri Shanti Swaroop Mundra, & Anr
----Appellants
Versus
Surajbhan Son Of Shri Jailaram & Ors.
----Respondents
For Appellant(s) : Mr. M.M. Ranjan, Sr. Advocate with Mr. Abhishek B. Sharma For Respondent(s) : Mr. Prakash Chandra Jain HON'BLE MR. JUSTICE SUDESH BANSAL Order 31/03/2022 Appellant-plaintiffs has filed this first appeal assailing the judgment and decree dated 12.08.2021 passed by Additional District Judge No.2, Beharor in civil suit No.34/36/2011 (34/40/2008) CIS No.14/2014 whereby his civil suit for specific performance and permanent injunction has been dismissed for want of evidence.
Learned counsel for appellants submits that plaintiffs could not produce any evidence and the trial court on appreciation of defendants' evidence only, dismissed the plaintiff's suit on merits. The counsel submits that plaintiffs has sufficient cause for reopening their evidence and liberty be granted to the appellant- plaintiffs to adduce their evidence.
Learned counsel for appellants submits that the matter be remanded to the trial court for deciding afresh after allowing opportunity to appellant-plaintiffs to adduce their evidence. (Downloaded on 01/04/2022 at 08:53:13 PM)
(2 of 2) [CFA-348/2021] Learned counsel appearing for respondent No.1/1 to 1/3 opposed the prayer of appellants and submits that sufficient opportunities were accorded to plaintiffs to adduce evidence, however they remained failed to adduce evidence.
Having heard learned counsel for both parties. Admit Issue notice to remaining unserved respondents. The counsel for respondents wants time to file reply to the stay application.
In the meanwhile, respondents shall maintain status quo as to alienation in relation to the property in question.
(SUDESH BANSAL),J TN/15 (Downloaded on 01/04/2022 at 08:53:13 PM) Powered by TCPDF (www.tcpdf.org)