Nemichand Saini S/O Late Shri ... vs Shokat Ali Khan S/O Asgar Khan
2022 Latest Caselaw 3025 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

              S.B. Civil First Appeal No. 184/2021

Nemichand Saini S/o Late Shri Prabhati Lal
                                                                    ----Appellant
                                    Versus
Shokat Ali Khan S/o Asgar Khan & Anr.
                                                                  ----Respondent

For Appellant(s) : Mr. Behari Lal Agarwal For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/04/2022 Appellant-defendant has filed this first appeal, assailing

judgment and decree dated 16.02.2021 passed by Additional

District Judge No.4, Jaipur in suit No.29/2018 whereby civil suit

for specific performance and permanent injunction filed by

respondent-plaintiff has been decreed in relation to suit property

bearing Plot No.169, Jagannath Puri- A, Kalwar Road, Jhotwara,

Jaipur.

Counsel for appellant submits that plot is in actual and

physical possession of appellant, however, the trial Court has

passed a decree for permanent injunction in favour of respondent-

plaintiff while allowing his civil suit for specific performance.

Having heard counsel for appellant, matter requires

consideration.

Appeal is admitted.

Issue notice to respondents.

Call for the record.

(2 of 2) [CFA-184/2021]

In the meanwhile and till further orders, the execution of

impugned judgment dated 16.02.2021 shall remain stayed with

further directions that both parties shall maintain status quo in

relation to the plot in question as it exists today.

(SUDESH BANSAL),J

NITIN /6

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