Sukkaram S/O Shri Dulliram Kumhar vs Smt. Bhagwan Dei W/O Ghanshyam
2022 Latest Caselaw 2910 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN

                           BENCH AT JAIPUR

                  S.B. Civil First Appeal No. 170/2022

Sukkaram S/o Shri Dulliram Kumhar
                                                        ----Appellant-defendant
                                     Versus
Smt. Bhagwan Dei W/o Ghanshyam & Ors.
                                                                  ----Respondents

For Appellant(s) : Mr. Shiv Charan Gupta For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/04/2022

The appellant-defendant has filed this first appeal assailing

the judgment and decree dated 15.03.2022 passed in civil suit

No.21/2011, CIS No.290/2014 by Additional District Judge No.2,

Bayana, Bharatpur whereby and whereunder while decreeing the

civil suit filed by the respondent-plaintiff, the judgment and decree

for specific performance passed on 28.11.2006 in favour of

appellant in civil suit No.20/2006 has been declared as null and

void.

Learned counsel for appellant-defendant submits that his

civil suit for specific performance based on an agreement dated

01.06.2006 had been decreed vide judgment and decree dated

28.11.2006 though in ex-parte but the same had been executed

as well. Objections against the judgment and decree dated

28.11.2006 filed by the respondent-plaintiff too were dismissed

thereafter, the respondent filed the present suit assailing the

decree dated 28.11.2006.

                                                             (2 of 2)                                  [CFA-170/2022]



                                          Heard.

                                          Admit.

                                          Issue notice to respondents.

                                          Record be also summoned.

In the meanwhile and till further orders, the operation of the

impugned judgment and decree dated 15.03.2022 shall remain

stayed with further direction that both parties shall maintain

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

and possession, as it exists today.

Stay application stands disposed of.

(SUDESH BANSAL),J

TN/6

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