Santra Devi W/O Ramdev Khinchi vs Bhanwar Lal S/O Shri Bheru Lal
2022 Latest Caselaw 2905 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil First Appeal No. 337/2021

Santra Devi W/o Ramdev Khinchi,
                                                       ----Appellant-defendant
                                     Versus
Bhanwar Lal S/o Shri Bheru Lal (since deceased) through LRs. &
ors.
                                                                 ----Respondents

For Appellant(s)          :       Mr. Abhi Goyal
For Respondent(s)         :       Mr. S.K. Saksena



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

06/04/2022

Appellant-defendant No.2 has filed this first appeal assailing

the judgment and decree dated 27.08.2021 passed by Additional

District Judge No.1 Jaipur Metropolitan II, Jaipur in civil suit

NO.443/2012 whereby and whereunder while passing decree for

specific performance in favour of respondent No.1 against the

respondent No.2, the registered sale deed of appellant dated

07.05.2008 had also been declared as null and void.

Simultaneously, the trial court has directed the appellant-

defendant No.2 to hand over the possession of suit property

(house) to respondent-plaintiff-decree holder within a period of

three months else would be entitled to mesne profit prescribed by

the Public Works Department, Government of Rajasthan.

Heard learned counsel for both parties for admission.

Admit.

Issue notice.

(2 of 2) [CFA-337/2021]

Since the counsel for respondent Nos.1/1 to 1/4, has already

appeared, no need to issue notice. Therefore, notices be issued to

respondent Nos.1/5 and 2/1 to 2/3 only. Notices be issued in both

modes, one to be sent by ordinary process another by registered

post.

Record has already been received.

Heard learned counsel for both parties on the stay

application.

It is not in dispute that the appellant is having possession of

suit property on the strength of registered sale deed dated

07.05.2008 and decree for specific performance on the basis of an

agreement has been passed in favour of respondent-plaintiff. No

sale deed has been made in favour of the respondent-plaintiff. As

such the direction for holding the plaintiff entitled for the mesne

profits are also required to be stayed.

Having considered the facts and circumstances of the case as

also considering the nature of impugned judgment and decree

dated 27.08.2021, it is hereby directed that the operation and

execution of impugned judgment and decree dated 27.08.2021

shall remain stayed with further direction that both parties shall

maintain status quo in relation to the property in question as to

alienation as well.

With the aforesaid, stay application stands disposed of.

(SUDESH BANSAL),J

TN/22

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