Farid Mohd vs Nazir Khan
2021 Latest Caselaw 19078 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 492/2021

Farid Mohd S/o Haji Rahmatu Khan, Aged About 68 Years, Jajju, Tehsil Kolayat, District Bikaner

----Appellant Versus Nazir Khan S/o Haju Rahmatu Khan, Jajju, Tehsil Kolayat, District Bikaner

----Respondent

For Appellant(s) : Mr. Sajjan Singh Rajpurohit For Respondent(s) : Mr. Vivek Sidh, caveator

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

15/12/2021

This first appeal is filed by the appellant-defendant assailing

the judgment and decree dated 02.11.2021 passed by learned

Additional District Judge No.4, Bikaner in Civil Original Suit

No.16/2020 to the extent of decreeing the respondent-plaintiff's

suit for specific performance.

The counsel for appellant-defendant submits that appellant-

defendant is paying the due loan amount to the Bank, so the trial

Court was not required to issue any direction in this regard.

Heard.

Admit.

Call for the record.

Since the respondent-plaintiff has appeared through

Mr. Vivek Sidh, Advocate as caveator, no need to issue notice for

hearing of the appeal.

Heard both the parties on the stay application.

(2 of 2) [CFA-492/2021]

During the course of first appeal, the execution of the

impugned judgment and decree dated 02.11.2021 passed by

learned Additional District Judge No.4, Bikaner in Civil Original

Suit No.16/2020 to the extent of execution of sale deed of the suit

property shall remain stayed.

The stay application stands disposed of

List the appeal for hearing in due course.

(SUDESH BANSAL),J

2-AnilKC/-

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