Kesa Ram vs Smt. Geri Bai And Ors
2021 Latest Caselaw 67 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 170/2016

Kesa Ram S/o Shri Punmaji, aged 48 years, by caste Patel Ghanchi, R/o Pindwara, District Sirohi

----Appellant Versus

1. Smt. Geri Bai W/o Late Shri Moti Lal

2. Madhu D/o Late Shri Moti Lal

3. Kamlesh S/o Late Shri Moti Lal

4. Pinki D/o Late Shri Moti Lal

5. Rameela D/o Late Shri Moti Lal All by caste Ghanchi, R/o Padmawati Colony, Pindwara, District Sirohi.

                                                                ----Respondents


For Appellant(s)         :     Mr. Richin Surana, through VC
For Respondent(s)        :     -

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

04/01/2021

Heard.

No one has appeared on behalf of the respondent to contest

the appeal despite service of notice.

The appeal in hand is directed against the judgment dated

02.11.2015 passed by the learned Additional District Judge No.2,

Abu Road in Civil Suit No.108/2015 whereby the application filed

by the appellant under Order 39 Rules 1 & 2 read with Section 151

CPC was rejected. The original suit is reportedly pending.

In view of the peculiar facts and circumstances of the case, it

is hereby directed that suit property (if already not alienated) shall

(2 of 2) [CMA-170/2016]

not be alienated till disposal of the original suit. The trial court

shall expedite the proceedings thereof.

With these observations, the instant Civil Misc. Appeal is

disposed of.

(SANDEEP MEHTA),J

31-Mamta/-

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