Harinagar Grah Nirman Sahakari ... vs Mangu Son Of Dhanna
2021 Latest Caselaw 7492 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil First Appeal No. 465/2021

Harinagar Grah Nirman Sahakari Samiti Ltd.
                                                                          ----Appellant
                                        Versus
Mangu Son Of Dhanna through LRs
                                                                     ----Respondents

For Appellant(s)              :    Mr. D.K. Dixit
For Respondent(s)             :    Mr. Deepak Sharma for
                                   Mr. Ramesh Chandra Kumawat



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                        Order

10/12/2021

This first appeal has been filed by the appellant-plaintiff-

cooperative society to seek specific performance of an agreement

to sale dated 23.01.1992. After this agreement, in relation to the

subject land, several registered sale deeds dated 26.10.2005 &

07.12.2007 have been executed and the subsequent purchasers

have also been made party seeking declaration/cancellation of

their sale deeds.

Learned Trial Court, in the impugned judgment and decree

dated 15.09.2021 has recorded findings that the plaintiff-

cooperative society is not in possession of the suit land and the

agreement in question dated 23.01.1992 is neither registered nor

sufficiently stamped.

Heard learned counsel for the plaintiff-cooperative society.

Admit.

Issue notice to the respondent-defendants. Since for

respondent No. 3, learned counsel Mr. Ramesh Chandra Kumawat,

(2 of 2) [CFA-465/2021]

Advocate has entered appearance as Caveator, no need to issue

notice. Issue notice only to the remaining respondents, returnable

within ten weeks.

Call for the record of learned Trial Court.

In the meanwhile and until further orders, the respondents

are directed not to alienate the property in question.

Learned counsel for the plaintiff-cooperative society is

directed to provide a copy of this appeal along with all its

annexures to learned counsel for the respondents.

List the matter after ten weeks.

(SUDESH BANSAL),J

SAHIL SONI /07

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