Raghuveer Singh vs Paramjeet Kaur
2021 Latest Caselaw 18673 Raj

(1 of 2) [CFA-618/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 618/2020

Raghuveer Singh S/o Gurucharan Singh, Aged About 63 Years, B/o Ramgadia-Sikh R/o Lalgarh, Behind Gurudwara, Bikaner

----Appellant Versus Paramjeet Kaur W/o Prabhjeetsingh, D/o Gurucharan Singh, B/c Ramgadia-Sikh, R/o 174, Bharat Nagar, Behind Inderpuri, J.k. Road, Bhopal(M.p.)

----Respondent

For Appellant(s) : Mr. M.S. Purohit For Respondent(s) : Mr. Shrikant Verma

HON'BLE MR. JUSTICE SUDESH BANSAL Order

08/12/2021

This first appeal has been filed against the judgment and

decree dated 06.02.2020, whereby the suit filed by the

respondent for possession, mesne profit and permanent injunction

has been decreed.

The appellant and respondent are brother and sister.

Learned counsel for the appellant submits that the present

suit was filed on the basis of release deed dated 10.12.1999 and

after filing this suit, the appellant has filed another Civil Suit

bearing No.29/2012 for cancellation of the release deed dated

10.12.1999 to the extent of his share. This subsequent civil suit is

yet pending before the Court of Additional District Judge, No.3,

Bikaner.

Heard. The matter requires consideration.

Admit. Call for the record of the trial court.

(2 of 2) [CFA-618/2020]

Since the sole respondent has put in appearance, no need to

issue fresh notice.

Heard on the stay application.

In case, the appellant deposits the arrears of mesne profit as

directed by the trial court within a period of four weeks and

continue to pay mesne profit every month @ Rs.1,000/- during

the course of appeal, the execution and operation of the impugned

judgment and decree dated 06.02.2020 shall remain stayed and

both the parties are directed to maintain status quo in relation to

as to possession and alienation.

If the respondent discloses her Bank account details, the

appellant is directed to pay arrears of mesne profits and future

mesne profits in the Bank account of the respondent, however in

case, the appellant succeeds in the first appeal, the mesne profit

shall be refundable with interest @ 6% per annum.

The stay application stands disposed of.

(SUDESH BANSAL),J

169-Ravi Kh/-

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