Sanjay S/O Sitaram vs Mahesh Yadav S/O Gopal
2022 Latest Caselaw 2915 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil First Appeal No. 1051/2018

Sanjay S/o Sitaram & Ors.
                                                                  ----Appellants
                                   Versus
Mahesh Yadav S/o Gopal & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. M.M. Ranjan, Sr. Advocate with Mr. Daulat Sharma For Respondent(s) : Mr. Mahesh Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/04/2022

Appellants-plaintiffs have filed filed this first appeal assailing

the judgment and decree dated 27.09.2018 passed by Additional

District Judge, Chomu, District Jaipur in Civil Suit No.30/2010

whereby and whereunder their civil suit for cancellation of sale

deed dated 13.11.2006 and permanent injunction has been

dismissed.

Learned counsel for appellants submits that their father

namely, Mr. Sitaram has sold the suit property through registered

sale deed dated 13.11.2006 to respondent-defendant No.1 namely

Mr. Mahesh Yadav without any legal or family need and such sale

deed be declared null and void/cancelled qua the rights of

appellants.

The trial court in the impugned judgment has observed that

the respondent-defendant No.4 sold the suit property for family

need.

(2 of 2) [CFA-1051/2018]

However, since the first appeal is required to be heard on

facts and law.

The appeal is admitted.

Issue notice.

Since counsel for respondent No.1 has already put in

appearance, no need to issue notices to him.

Let notices be issued to respondent Nos. 2, 3 and 4.

Learned counsel for appellants has prayed for stay the

further alienation of the suit property during the course of appeal.

Having heard counsel for both the parties on stay

application, this Court finds that the registered sale deed dated

13.11.2006 for the land in question stands in favour of the

respondent No.1 which has been held lawful and valid by the trial

court.

However, it is observed that any alienation or creation of

third party interest shall be governed by the principle of lis

pendense as enshrined under Section 52 of the Transfer of

Property Act and will not adversely affect the rights of appellants

to be adjudicated in the first appeal.

With the aforesaid reasons, the stay application stands

disposed of.

Reminder be sent to the trial court for summoning the

record.

(SUDESH BANSAL),J

SAURABH/1

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