Harbansh Singh vs Snehalata
2022 Latest Caselaw 6128 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S. B. Civil First Appeal No. 33/2022

1.     Harbansh Singh S/o Late Bara Singh, aged about 72
       years,
2.     Mahendra Singh S/o Late Bara Singh, aged about 70
       years,
3.     Sarjeet Singh S/o Late Bara Singh, aged about 67 years,
4.     Sukhvindra Singh S/o Late Bara Singh, aged about 62
       years,
       Appellant Nos. 1 to 4 are R/o Chak 58 RB, Tehsil
       Raisinghnagar, District Sriganganagar.
5.     Gurmeet Singh S/o Late Bara Singh, aged about 61
       years, R/o Chak 02 PGM, Tehsil Anoopgarh, District
       Sriganganagar.
6.     Harbansh Kaur D/o Late Bara Singh W/o Shriram Singh,
       aged about 57 years, R/o Chak 03 K.K., Tehsil Padampur,
       District Sriganganagar.
7.     Mahendra Kaur D/o Late Bara Singh W/o Bariyam Singh,
       aged about 55 years, R/o 04 MSR, Tehsil Anoopgarh,
       District Sriganganagar.
8.     Sukhvindra Kaur D/o Late Bara Singh W/o Balveer Singh,
       aged     about   53     years,       R/o     Chak        03   PGM,     Tehsil
       Anoopgarh, District Sriganganagar.
9.     Jasvindra Kaur D/o Late Bara Singh W/o Seva Singh,
       aged     about    50     years,       R/o      Sameja         Kothi,   Tehsil
       Raisinghnagar, District Sriganganagar.
                                                                     ----Appellants
                                   Versus
Snehalata D/o Mulakhraj Thind, W/o Gurmail Bhatva, R/o
Gajsinghpur, Tehsil Padampur, at present R/o Chak 01 LPM,
Tehsil Raisinghnagar, District Sriganganagar.
                                                                 ----Respondent
                             Connected With
                S.B. Civil First Appeal No. 445/2021
Snehlata D/o Mulkhraj Thind, W/o Gurmel Bhatwa, aged about
67 years, Gajsinghpur Tehsil Padampur currently Chak 1 LPM
Tehsil Raisinghnagar, District Sri Ganganagar


                    (Downloaded on 27/04/2022 at 08:36:20 PM)
                                             (2 of 4)                  [CFA-33/2022]


                                                                    ----Appellant
                                     Versus
1.     Harbans Singh S/o Bara Singh,
2.     Mahender Singh S/o Bara Singh,
3.     Sarjeet Singh S/o Bara Singh,
4.     Sukhvinder Singh S/o Bara Singh,
             Respondent No.1 to 4 R/o Chak 58 RB, Tehsil
             Raisinghnagar, District Sri Ganganagar
5.     Gurmeet Singh S/o Late Bara Singh, Chak 2 PGM Tehsil
       Anoopgarh, District Sri Ganganagar
6.     Harbans Kaur D/o Late Bara Singh W/o Shri Ram Singh,
       R/o 3 Kk Tehsil Padampur, District Sri Ganganagar
7.     Mahendra Kaur D/o Late Bara Singh W/o Bariyam Singh,
       R/o    Chak     4       MSR     Tehsil      Anoopgarh,       District   Sri
       Ganganagar
8.     Sukhvinder Kaur D/o Late Bara Singh W/o Balvir Singh,
       R/o    Chak     3       Pgm     Tehsil      Anoopgarh,       District   Sri
       Ganganagar
9.     Jasvinder Kaur D/o Late Bara Singh W/o Seva Singh, R/o
       Sameja      Kothi        Tehsil      Raisinghnagar,          District   Sri
       Ganganagar
                                                                 ----Respondents


For Appellant(s)           :    Mr. V.K. Aggarwal
For Respondent(s)          :    Mr. Raghvendra Mundel



          HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                JUDGMENT

26/04/2022

This matter comes upon an application (Inward No. 01/2022)

filed by the respondent Nos. 1 to 9 in CFA No. 445/2021. Along

with application, undertaking of respondent No. 5 - Gurmeet Singh

on behalf of himself and respondent Nos. 1 to 4 and 6 to 9 as their

power of attorney holder, has been filed supported by affidavit of

respondent No. 5 to the effect that he shall execute sale-deed in

(3 of 4) [CFA-33/2022]

favour of the appellant - Snehlata in respect of shares of each of

them i.e. of 7 bigha and 10 biswas land out of total 12 bigha and

10 biswa land of Kila Nos. 13 to 25, Stone No. 261/356 situated

in Chak 1 LPM, Tehsil Raisinghnagar, District Sri Ganganagar. He

also undertake not to interfere with possession of the appellant -

Snehlata on the above land and not to alienate, sell or mortgage

above property to anyone else provided appellant - Snehlata

withdraws her appeal (CFA No. 445/2021). He also undertakes

that for any reason, if it is not possible for them to execute sale-

deed within a month of withdrawal of the appeal, it will be open

for the appellant to revive her appeal and he will continue to abide

by the undertaking not to interfere with possession of the

appellant on the above land and also not to alienate, sell or

mortgage above property to anyone else. He also does not press

C.F.A. No. 33/2022 titled as "Harbansh Singh & Ors. Vs. Snehlata"

pending before this Court.

Heard learned counsel for the parties on the application and

perused the material available on record.

In view of the undertaking given by the respondent No. 5 -

Gurmeet Singh on behalf of himself and respondent Nos. 1 to 4

and 6 to 9 as power of attorney holder, learned counsel for the

appellant seeks permission to withdraw CFA No. 445/2021.

Permission is granted.

CFA No. 445/2021 is accordingly dismissed as withdrawn in

terms of the above undertaking. The respondents shall execute

sale-deed of subject land in favour of the appellant in terms of the

above undertaking, failing which the appellant will be at liberty to

seek revival of CFA No. 445/2021 and the respondents shall be

restrained from interfering with possession of the appellant on the

(4 of 4) [CFA-33/2022]

land in dispute and alienating the same in favour of any other

person.

In view of disposal of CFA No. 445/2021, the CFA No.

33/2022 titled as "Harbansh Singh & Ors. Vs. Snehlata" is also

dismissed.

(RAMESHWAR VYAS),J

86 & 87-Inder/-

Powered by TCPDF (www.tcpdf.org)