Shri Devi S/O Shri Dhanna Ji vs Shri Jeevan S/O Shri Surajmal
2022 Latest Caselaw 3083 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 31/2022

Shri Devi S/o Shri Dhanna Ji & Ors.
                                                                     ----Appellants
                                   Versus
Shri Jeevan S/o Shri Surajmal & Ors.
                                                                 ----Respondents

For Appellant(s)         :     Mr. Amit Jindal
For Respondent(s)        :     Mr. R.P. Singh, AAG assisted by
                               Mr. Jaivardhan Singh Shekhawat
                               Mr. Rahul Agarwal


           HON'BLE MR. JUSTICE SUDESH BANSAL
                          Order

12/04/2022

Appellants-defendants have filed this first appeal assailing

the judgment and decree dated 14.12.2021 passed by Additional

District Judge No.3, Beawar in civil suit No.10/2017 whereby and

whereunder the civil suit for specific performance filed by

respondent No.1-plaintiff has been decreed.

After service of notices, respondents have put in appearance.

By perusal of impugned judgment, it appears that

respondent-plaintiff has been found in cultivation and possession

of the land in question and findings of possession stand in his

favour. However, since the decree for specific performance has

been passed in the first appeal, the matter required to be heard

on facts and law hence the appeal is admitted for hearing.

Since all respondents are put in appearance, no need to

issue fresh notices for hearing.

Having considered the facts and circumstances of the case

and nature of decree, the execution of impugned judgment and

(2 of 2) [CFA-31/2022]

decree dated 14.12.2021 shall remain stayed with further

direction that both parties shall maintain status quo as to

alienation and possession in relation to the property in question

during the course of appeal.

With aforesaid observations, the stay application stands

disposed of.

(SUDESH BANSAL),J

SAURABH/28

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