Govindlal Soni vs Ambalal
2021 Latest Caselaw 18906 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 6/2021

Govindlal Soni S/o Late Laxmilal, Aged About 63 Years, Bhesrodgarh Ki Haveli, Moti Chohatta, Udaipur, Rajasthan Through Power Of Attorney Jugalkishor S/o Govindlal Soni, Age 37 Years, B/c Soni, R/o Bhesrodgarh Ki Haveli, Moti Chouhatta, Udaipur, Rajasthan.

----Appellant

Versus

1. Ambalal S/o Late Laxmilal, Age Adult, B/c Soni, R/o Bhesrodgarh Ki Haveli, Moti Chouhatta, Udaipur, Rajasthan through his legal represenatatives:

1/1 Rajkumari W/o late Ambalal 1/2 Hemant S/o late Ambalal 1/3 Ramchandra S/o late Ambalal All by caste Soni, R/o Bhesrodgarh Ki Haveli, Moti Chouhatta, Udaipur, Rajasthan.

1/4 Jyoti w/o Rajendra D/o Ambalal, age adult, B/c Soni R/o Amal Ka Kanta, Udaipur 1/5 Nirmala W/o Vinod D/o late Ambalal, age adult, B/c Soni R/o Bargao, Udaipur 1/6 Jaya W/o Prashant D/o late Ambalal, age adult, B/c Soni, R/o Haridas Ji ki Magari, Mullatiai, Udaipur

2. Ruplal S/o Late Laxmilal, Age Adult, B/c Soni, R/o Bhesrodgarh Ki Haveli, Moti Chouhatta, Udaipur, Rajasthan.

3. Kamla D/o Laxmilal W/o Dileep Soni, Age Adult, B/c Soni, R/o Bhatbhuja Ghati, Udaipur, Rajasthan.

4. Kamlesh S/o Ruplal, Age Adult, B/c Soni, R/o Bhesrodgarh Ki Haveli, Moti Chouhatta, Udaipur, Rajasthan.

5. Laxmidevi W/o Ruplal, Age Adult, B/c Soni, R/o Gram Bemali Dist Bhilwara, Rajasthan.

                                                                      ----Respondents


For Appellant(s)              :     Mr. Vikas Hedau
For Respondent(s)             :     Mr. Sanjay Nahar



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                         Order

13/12/2021



                                                                                   (2 of 2)              [CFA-6/2021]

This first appeal has been preferred against the judgment and

decree dated 12.10.2020, whereby the appellant-plaintiff's suit for

partition has been dismissed.

Heard learned counsel for the appellant.

Admit.

Issue notice. Issue notice of stay application also, returnable in

ten weeks.

Mr. Sanjay Nahar puts in appearance on behalf of respondent

Nos.1, 1/1 to 1/6 and 2 and 3 as caveator, so notices need not be

issued to them. Issue notices to the respondent Nos.4 and 5 only.

Heard learned counsel for the parties on the stay application.

Respondent-plaintiffs have filed reply to the stay application

mentioning therein that in view of the previous partition, all the parties

are having separate possession.

It transpires that during the course of trial, the stay application

was decided with consent of the parties vide order dated 01.11.2012

and it was ordered that defendant shall not dispossessed the plaintiff

and parties shall not alienate the suit property.

In view of the above, in the meantime and until further orders, it

is directed that appellant shall not be dispossessed from the property in

his possession and both the parties shall not alienate or create any third

party interest in the suit property during course of appeal. The interim

order shall come in effect from today.

(SUDESH BANSAL),J

2-Taruna/-

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