Suresh vs Bhagirath
2021 Latest Caselaw 18678 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 490/2021

1. Suresh S/o Bheru Lal Bairwa, Aged About 44 Years, Laxmipura, Tehsil Nimbaheda, District Chittorgarh

2. Ram Kanya W/o Suresh Chandra, Aged About 40 Years, Laxmipura, Tehsil Nimbaheda, District Chittorgarh

----Appellants Versus

1. Bhagirath S/o Bansi Lal, Bari, Tehsil Nimbehada, District Chittorgarh

2. State Of Rajasthan-State, Tehsildar Cum Sub-Registrar, Nimbehada, District Chittorgarh

----Respondents

For Appellant(s) : Mr. G.J Gupta For Respondent(s) : Mr. S.L. Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/12/2021

This is the first appeal by the appellant-defendant against

the judgment and decree for specific performance passed in

favour of the respondent-plaintiff. The respondent-plaintiff has put

in appearance as caveator, so no need to issue notice. As far as

respondent No.2-State of Rajasthan is concerned, service of notice

is dispensed with on the request of counsel for the appellant.

Admit.

Heard learned counsel for the parties on the stay application.

Learned counsel for the appellants submits that the trial

court has recorded findings in favour of the appellants that they

are in possession of the suit property, therefore, during the course

of first appeal, execution of the impugned decree be stayed and

(2 of 2) [CFA-490/2021]

status quo be maintained. On the other hand, learned counsel for

the respondent-plaintiff submits that appellant-Suresh Kumar has

admitted in his statements to receive the sale consideration under

the agreement dated 16.10.2008 and the trial court has also

passed the findings in this regard, therefore, appellants are

enjoying both the benefits, so at least, the appellants may be

directed to pay back the sale consideration received under the

agreement.

Looking to the admission of appellant-defendant No.1 Suresh

Kumar and findings of the trial court about receiving the sale

consideration, it is hereby ordered that in case the appellants

deposit amount of Rs.4,75,000/- before the trial court within a

period of three months, the execution of the impugned judgment

and decree dated 06.09.2021 shall remain stayed and further the

parties are directed to maintain status quo in respect of property

in question.

The amount so deposited by the appellants shall be kept in

FDR initially for a period of three years subject to renewal from

time to time.

Stay application stands disposed of accordingly.

(SUDESH BANSAL),J

170-Taruna/-

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