Satya Narayan Sharma Son Of Late ... vs Govind Sharma Son Of Late Ramgopal ...
2022 Latest Caselaw 3402 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 202/2022

Satya Narayan Sharma Son Of Late Ramgopal Sharma,
                                                                   ----Appellant
                                   Versus
Govind Sharma Son Of Late Ramgopal Sharma (Beelwar) & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Jitenda Mituka respondent No.1

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/04/2022

The plaintiff claimed partition of the property bearing

Municipal No.2456 at Khajane Valon Ka Rasta. The appellant-

defendant No.1 submitted that oral partition has taken place,

however in case partition is made then he filed counter claim,

claiming partition of other, as House No.267 Surya Nagar Near

Sudamakuti, Gopalpura, Jaipur and one shop and Gaudaum

named M/s Siddivinayak Marble Art, Near Bihari Ji Ka Temple Gali,

Bhindoka Rasta, Chandpol, Jaipur at Chandpole Bazar, Jaipur. The

trial court vide judgment dated 23.10.2021 decreed the plaintiff's

suit declaring to divide the house No. 2456 at Khajane Valon Ka

Rasta in equal 1/4-1/4 share between the plaintiff and defendant

No.1 to 4. The other properties House No.267 at Surya Nagar,

Near Sudamakuti, Gopalpura, Jaipur and the shop and Gaudaum

at Chandpole Bazar were found joint properties, hence counter

claim for partition was dismissed.

Heard learned counsel for both parties.

Admit.

                                                                (2 of 2)                                  [CFA-202/2022]



                                           Issue Notice.

Since respondent No.1-plaintiff has put in appearance, no

need to issue notice.

Issue notice to remaining respondents.

As far as partition made in relation to the house No. 2456 at

Khajane Valon Ka Rasta is concerned, let trial court be proceeded

with the preparation of final decree, however the fate of final

decree shall remain subject to out come of this appeal and the

possession of the parties over the property No. 2456 at Khajane

Valon Ka Rasta as it exists today, shall remain stayed during

pendency of this appeal.

As far as House No.267 at Surya Nagar, Near Sudamakuti,

Gopalpura, Jaipur and the shop and Gaudaum at Chandpole Bazar,

no third party rights would be created in such properties during

pendency of this appeal.

Since the trial court has been allowed to proceed with the

preparation of final decree, record need not be summoned at this

stage.

(SUDESH BANSAL),J

TN/21

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