Kanhaiya Lal S/O Late Shri Gulab Ji ... vs Jakir Husain S/O Mr. Nanne Khan
2022 Latest Caselaw 3447 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 136/2019

Kanhaiya Lal S/o Late Shri Gulab Ji Patidar
                                                                      ----Appellant
                                    Versus
Jakir Husain S/o Mr. Nanne Khan
                                                                   ----Respondent

For Appellant(s)            :    Mr. Raj Kamal Gaur
For Respondent(s)           :



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

29/04/2022

     The   counsel    for       appellant-defendant              submits   that   the

respondent filed civil sit for specific performance in the year 2012

seeking specific performance of an agreement to sell dated

08.05.1999.

It has been alleged that appellant-defendant is a rustic

villager belongs to rural area and he engaged advocate to contest

the civil suit. The written submissions was filed, however it

appears that later on his advocate stopped appearing before the

trial court, hence the trial court proceeded in ex parte and passed

a decree for specific performance vide impugned judgment dated

01.11.2018.

The counsel for appellant submits that in fact the possession

of agricultural land was not transferred, however in ex parte

judgment and decree, the trial court recorded findings of

possession in favour of respondent-plaintiff, which are erroneous

and perverse.

(2 of 2) [CFA-136/2019]

Learned counsel for appellant submits that though the first

appeal was filed within limitation, however due to the Pandemic

Covid-19 the normal workings of the High Court was adversely

affected and during that period the first appeal was not listed. In

the meanwhile, respondent decree holder has got executed the

decree by ensuring to get the registered sale deed in his favour on

27.01.2022.

Having considered the aforesaid submissions and considering

the nature of impugned decree, passed in ex parte against the

appellant-defendant, this Court deems it just and proper that the

first appeal requires hearing.

Admit.

Issue notice to the respondent.

Call for record.

Having considered the facts and circumstances mentioned

hereinabove, in the meanwhile, both parties are directed to

maintain status quo as to further alienation and possession as well

as revenue record of the property in question, as it exists today.

Application No.2/2022 for early listing stands disposed of.

Application filed under Order 41 rule 27 CPC to place certain

photographs shall be considered at the time of hearing of appeal

subject to admissibility of the documents.

Accordingly, application No.1/2022 stands disposed of.

(SUDESH BANSAL),J

TN/85

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