Rajasthan High Court
Kamla Sharma D/O Shri Radhakishan ... vs Dr. Badriprasad Pancholi S/O Shri ... on 22 July, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. IInd Stay Application No. 796/2021
In
S.B. Civil First Appeal No. 1092/2018
Kamla Sharma D/o Shri Radhakishan And Ramnathibai W/o
Shantilal, Aged About 70 Years, R/o Khanpur, Tehsil Khanpur,
District Jhalawar, Rajasthan
----Appellant
Versus
1. Dr. Badriprasad Pancholi S/o Shri Radhakishan And
Ramnathibai, R/o House No. B-6, Jatiya Hills, Data
Nagar, Ajmer, District Ajmer, Rajasthan
2. Balchand Panchal S/o Shri Ramkalyan Panchal, R/o
Khanpur, Tehsil Khanpur, District Jhalawar, Rajasthan
3. Mohanchand Sharma S/o Shri Kishanlal, R/o Khanpur
Tehsil Khanpur, District Jhalawar, Rajasthan
4. Ramkalyan S/o Shri Gaurilal, R/o Near Vyaso Ki Bawadi,
Kasba Khanpur, Tehsil Khanpur, District Jhalawar,
Rajasthan
5. Omprakash S/o Shri Ramkalyan, R/o Near Vyaso Ki
Bawadi, Kasba Khanpur, Tehsil Khanpur, District
Jhalawar, Rajasthan
----Non-appellants/Respondents
For Appellant(s) : Dr. Mahesh Sharma, Advocate
For Respondent(s) : Mr. S.K. Saxena, Advocate
Mr. Harshit Mittal, Advocate
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment/Order
22/07/2021
This S.B. Civil Misc. Second Stay Application has been filed
by the appellant.
(2 of 3) [CFA-1092/2018]
It has been submitted that in the present matter, appellant
filed a suit for declaration, permanent injunction and for
cancellation of gift deed/will dated 27.05.2004. The suit was
dismissed vide judgment dated 03.11.208. Hence, this first appeal
was filed. This Hon'ble Court was pleased to pass an interim order
in the order dated 19.12.2018 in the first stay application which
reads as under :-
Þlquk x;kA
vfHkys[k ryc fd;k tkosA
;ksX; vf/koDrk vihykFkhZ dks funsZf'kr fd;k tkrk gS
fd os ,d lIrkg esa ih ,Q uksfVl is'k djsa] tks is'k fd,
tkus ij vkxkeh pkj lIrkg esa okilh ;ksX; tkjh fd, tkosaA
LFkxu izkFkZuk i= ds Øe esa lquk x;kA
ekeys ds rF;ksa ,oa ifjfLFfr;ksa dks /;ku esa j[krs gq,
nksuksa i{kksa dks funsZf'kr fd;k tkrk gS fd vkxkeh lquokbZ
frfFk rd oknxzLr lEifRr esa fdlh r`rh; i{k ds vf/kdkj
mRiUu djus ds mn~ns'; ls] oknxzLr lEifRr dks fdlh
rhljs i{k dks [email protected] ugha djsaAß
Since the aforementioned interim order, the appellant was
peacefully enjoying her possession over disputed property and
carrying out cultivation at the same place but now, non-appellants
are continuously trying to disrupt the peaceful possession of the
appellant and deliberately trying to create third party rights. Non-
appellants are persistent in interfering regarding the property and
not allowing peaceful cultivation of the place and are trying to
create third party rights during this pandemic. Hence, this second
stay application to restrain the non-appellants from any kind of
interference through themselves or their servants.
It has also been submitted in the argument that status quo
regarding the disputed property be directed to be maintained by
the parties. It has further been submitted that a complaint has
been filed by the SHO, PS Khanpur, District Jhalawar, for
(3 of 3) [CFA-1092/2018]
restraining the non-appellants under Sections 107 and 116(3) of
Cr.P.C. Reply has been filed by the non-appellants and it has been
submitted that they are complying with the interim order passed
in the first stay application and there no grounds to pass any
order of status quo as no third party rights are being created in
the suit property.
Heard learned counsel for the parties and perused the record
of the case.
Looking to the overall facts and circumstances of the case,
the parties are directed to maintain status quo regarding the suit
property till the next date.
List the matter after four weeks.
(MANOJ KUMAR VYAS),J
Hemant/5
Powered by TCPDF (www.tcpdf.org)
