Sureshchandra vs Lrs Of Shanta Bai
2022 Latest Caselaw 10655 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 161/2022

1. Sureshchandra S/o Shri Samarthmal Gandhi, Aged About 57 Years, R/o H.no. 24, Zero Mile Choraha, Bada Bagh, Mandsor Road, Distt. Pratapgarh.

2. Smt. Bhawna W/o Shri Sureshchandra Gandhi, Aged About 52 Years, R/o H.no. 24, Zero Mile Choraha, Bada Bagh, Mandsor Road, Distt. Pratapgarh.

----Appellants Versus

1. Lrs Of Shanta Bai, D/o Shri Chandmal Bhandari, Since Deceased Through Her Legal Heirs-

2. Shantichandra S/o Shri Ambalal Nagauri, R/o Ariyapati Road, Near Sai Baba Temple, Distt. Pratapgarh.

3. Manoj Kumar S/o Shri Ambalal Nagauri, R/o Ariyapati Road, Near Sai Baba Temple, Distt. Pratapgarh.

4. Pankaj Kumar S/o Shri Shantichandra Nagauri, R/o Ariyapati Road, Near Sai Baba Temple, Distt. Pratapgarh.

                                                                ----Respondents


For Appellant(s)         :     Mr. Rakesh Arora
For Respondent(s)        :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

18/08/2022

Heard learned counsel for the appellant.

The following substantial questions of law are involved in the

present second appeal:-

"(i) Whether both the Courts below are justified in deciding issue No.4A in favour of plaintiffs more so when no notice was given by the plaintiff to the defendants appellants before selling the property?

(ii) Whether right to sue arises to the subsequent purchaser of the property

(2 of 2) [CSA-161/2022]

when the property was sold without information to the mortgagee (defendant)?

(iii) Whether subsequent purchaser can be substituted as plaintiff without any information to the mortgagee (defendants appellants)?"

Admit.

Issue notice to the respondents. Issue notice of stay

application also, returnable within six weeks.

Meanwhile, the effect, operation and execution of the

judgment & decree dated 03.06.2017 and 03.06.2022 passed by

the learned Courts below shall remain stayed.

(MADAN GOPAL VYAS),J 29-neha/-

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