Sohan Lal vs Mahendra Kumar And Ors
2021 Latest Caselaw 18559 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Misc. Second Stay Application No.779/2020 In S.B. Civil First Appeal No. 196/2006

Sohan Lal

----Appellant Versus Mahendra Kumar And Ors

----Respondent

For Appellant(s) : Mr. Sajjan Singh For Respondent(s) : Mr. Deepen Vyas Mr. S.G. Ojha

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/12/2021

This appeal has been filed against the judgment and

decree dated 13.02.2006, whereby the appellant-

plaintiff's suit for partition, possession and permanent

injunction was dismissed.

This Court has admitted the appeal and passed an

interim order on 04.04.2006 to the effect that the

property in dispute may not be alienated. The interim

stay order dated 04.04.2006 is in operation since then.

Now the appellant has filed second stay application

along with affidavit and photographs that the respondent

No.2 namely Suresh Chandra is raising construction on

the portion in his possession.

(2 of 3) [CFA-196/2006]

Learned counsel for the appellant has submitted that

since the appeal in relation to partition of the property is

pending, the respondent No.2 may not be allowed to

raise construction.

Heard learned counsel for the parties on the second

stay application.

The suit for partition has been dismissed and the

parties, who are having possession on their respective

portions may use and carry out necessary repairs for

enjoyment of their property, therefore, it is not just and

proper to pass any further order except to the order of

alienation which has already been passed.

Accordingly second stay application is disposed of.

The respondent No.2 has also filed an application under Section 151 CPC dated 06.12.2021 stating that the

stay order dated 04.04.2006 may kindly be extended till

further orders. As far as this application is concerned, the

interim stay order dated 04.04.2006 is made absolute till

final decision of the appeal.

Accordingly the application filed by the respondent

No.2 is disposed of.

In view of the above, the stay application, filed along

with the first appeal also stands disposed of.

Respondent No.2 has filed another application under

Order 1 rule 10 (2) read with Section 151 CPC for

seeking impleadment of the sub-Registrar, Tehsil Sojat,

District Pali as party respondent in this appeal.

In the present appeal, the subject matter in issue is

partition of the suit property between the parties and the

(3 of 3) [CFA-196/2006]

Sub-Registrar is neither necessary nor proper party to

decide the issue of partition of the suit property,

therefore, the application under Order 1 rule 10 (2) read

with Section 151 CPC is dismissed.

Since the appeal has already been admitted, put up

in due course.

(SUDESH BANSAL),J

62-Taruna/-

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