Lalit Kumar And Anr vs Sita Ram And Ors
2021 Latest Caselaw 7580 Raj

(1 of 2) [CFA-142/2012]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil First Appeal No. 142/2012

Lalit Kumar And Anr

----Appellant Versus Sita Ram And Ors

----Respondent

For Appellant(s) : Mr. Vinay Jain. For Respondent(s) : Mr. G.R. Goyal.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

17/03/2021

Heard learned counsel for the parties on both the stay

applications.

While the appeal is pending since the year 2012, wherein,

the same was admitted on 1.5.2012 and though notices were

issued of the stay application, no interim order was granted.

In the second stay application, the only submissions made

are that pursuant to the preliminary decree passed by the trial

court as application has been filed for preparation of final decree,

the impugned decree be stayed.

Having heard learned counsel for the parties and having

gone through the judgment of the trial court, no case for grant of

any interim order is made out. Both the stay applications are,

therefore, dismissed.

Another application has been filed by the respondent seeking

award of mesne profit during pendency of the appeal.

As the interim relief has been declined and the trial court

would now proceed to pass the final decree, no case for grant of

(2 of 2) [CFA-142/2012]

mesne profit, at this stage, is made out. The application, at this

stage, is therefore dismissed.

Another application has been filed by the respondent for

sending back the record to the trial court for facilitating it to pass

the final decree.

For the reasons indicated in the application, the same is

allowed. The record be sent back to the trial court.

(ARUN BHANSALI),J 66-Sumit/-

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