Bhanu Prakash Mishra Son Of Late ... vs Hari Prakash Mishra Son Of Late ...
2022 Latest Caselaw 3048 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil First Appeal No. 400/2021


Bhanu Prakash Mishra Son Of Late Shri Ramprasad Mishara,

                                                                  ----Appellant

                                   Versus

Hari Prakash Mishra Son Of Late Shri Ramprasad Mishra,

                                                                ----Respondent

For Appellant(s) : Mr. Surendra Sharma

For Respondent(s) : Mr. Ved Prakash

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

11/04/2022

Appellant-defendant, by way of this first appeal, has assailed

the judgment and preliminary decree dated 22.09.2021 passed by

Additional District Judge No.2, Kota in Civil Suit No.27/2016

whereby civil suit for partition has been decreed in the manner

that suit plot No.221 situated at Shopping Center Scheme, Kota

has been ordered to be divided in equal 1/2-1/2 share between

two brothers (plaintiff and defendant).

Counsel for appellant submits that there is possibility of

amicable settlement between parties.

It is always open for parties to settle the dispute of partition

out of Court. However, since appellant has filed this appeal

assailing preliminary decree, same is required to be heard.

                                                          (2 of 2)                                  [CFA-400/2021]



                                         Appeal is admitted.

Counsel has put in appearance on behalf of respondent,

notices need not be issued.

Heard on stay application.

Since the trial Court has already declared suit property to be

divided in equal 1/2-1/2 share between parties, this Court do not

find any good reason to stay the operation of impugned judgment.

Let the trial Court be proceed with the preparation of final

decree, same shall remain subject to outcome of this present

appeal.

However, appellant shall not be dispossessed from his

possession on the suit property during pendency of this first

appeal.

Since this Court is permitting the trial Court to proceed with

the preparation of final decree, record of the trial Court be sent

back with copy of this order.

With aforesaid observations, the stay application stands

disposed of.

If both parties shall settle their dispute amicably out of

Court, they shall inform to this Court.

(SUDESH BANSAL),J

NITIN/71

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