Mohan Lal vs Sua Lal And Others
2022 Latest Caselaw 5349 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No.94/2016

Mohan Lal
                                                                   ----Appellant
                                   Versus
Sua Lal And Others
                                                                ----Respondents

For Appellant(s)         :     Mr. Alok Garg
For Respondent(s)        :     Mr. Maneesh Sharma



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

01/08/2022

1. Appellant-plaintiff has filed this first appeal against judgment

and decree dated 21.12.2015 passed by Additional District Judge

No.2, Jaipur District in Civil Suit No.7/1997 whereby and

whereunder his civil suit for claiming 1/5th share in the suit

property and for cancellation of the two sale deeds dated

06.10.2006 to the extent of 1/5th share and permanent injunction

has been dismissed on merits.

2. Show cause notices were issued and thereafter, respondent

Nos.8, 9 & 10 have appeared.

Heard.

Admit.

3. Notices for hearing of appeal be issued to other respondents

except respondent Nos.8, 9 & 10.

4. Record of court below be also summoned.

5. Heard on stay applications.

6. Learned counsel for appellant submits that respondents are

going to raise construction over the lands in question including his

(2 of 2) [CFA-94/2016]

1/5th share over the land of khasra No.907 and therefore, they

may be restrained from raising any construction over the suit

property.

7. Counsel for respondent Nos.8, 9 & 10 has opposed the

prayer for stay.

8. It appears from the record that the trial court has observed

that in relation to 1/5th share, plaintiff's right for partition has not

been matured as his father respondent No.1 is alive. The trial

court has observed that plaintiff is not in possession over any part

of the suit property.

9. Respondents are purchaser through registered sale deed and

in absence of any prima facie case of plaintiff and taking into

consideration that since the year 2016 no interim order has been

passed, this Court is not inclined to grant stay on construction, if

the same is raised by respondents on the suit property.

However, considering the fact that 1/5th share of land in

question has been treated as parental property of plaintiff, it is

hereby observed that any further alienation/transfer of suit

property, if takes place during the course of this first appeal, the

same would hit by principle of lis pendens as enshrined under

Section 52 of the Transfer of Property Act and would not adversely

affect the appellant, in case he succeeds in the first appeal.

10. With aforesaid observations, both stay application bearing

Nos.679/2016 & 1556/2022 stand disposed of.

(SUDESH BANSAL),J

SAURABH/31

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