Bhagwan Sahay S/O Sualal vs Sharwanlal Dhanka S/O Shri Govind ...
2022 Latest Caselaw 5352 Raj/2

                                              HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                            BENCH AT JAIPUR
                                                    S.B. Civil First Appeal No. 407/2022
                                   Bhagwan Sahay S/o Sualal & ors.
                                                                                                        ----Appellants
                                                                          Versus
                                   Sharwanlal Dhanka S/o Shri Govind Ram & Ors.
                                                                                                      ----Respondents

For Appellant(s) : Mr. Rajesh Maharishi For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order 01/08/2022

Appellant-plaintiffs have preferred this first appeal feeling

aggrieved by dismissal of their civil suit for specific performance

and permanent injunction vide judgment dated 07.05.2022.

Heard.

Admit.

Issue notice to respondents.

Call for record.

Heard on the stay application.

It appears from the record that appellant-plaintiffs filed civil

suit on 14.12.2013 for seeking specific performance of agreement

dated 09.09.1992, it means after more than 19 years. The trial

court in the impugned judgment has observed that the agreement

in question is inadmissible and plaintiffs have not been found in

possession and further the plaintiffs' suit is barred by limitation.

In such circumstances, prayer for grant of interim injunction

is rejected at this stage.

(SUDESH BANSAL),J

TN/19

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