Mahaveer Rathi S/O Banshilal ... vs Smt. Sunita Devi W/O Subhash Chand ...
2022 Latest Caselaw 5437 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 1156/2019

Mahaveer Rathi S/o Banshilal Rathi & Anr.
                                                                   ----Appellants
                                    Versus
Smt. Sunita Devi W/o Subhash Chand Patni & Ors.
                                                                 ----Respondents

For Appellant(s)          :     Mr. Nitin Jain
For Respondent(s)         :     Mr. Vijay Choudhary
                                Ms. Kinjal Surana for
                                Mr. Sandeep Sharma



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

03/08/2022

Appellants-plaintiffs have preferred this first appeal feeling

aggrieved by the impugned judgment and decree dated

25.07.2019, whereby and whereunder their suit for permanent

injunction and cacellation of sale deed, has been dismissed.

This first appeal has already been admitted, however

appellants have prayed in stay application that respondents may

be restrained not to obstruct appellants to use and have access

through the jeena and front platform.

Respondents have filed reply to stay application and denied

the prayer. However, it appears that apart from present litigation,

the previous Civil Suit No.10/2009 titled as Banshilal Rathi Vs. Lal

Chand, was decided between parties in relation to the jeena and in

front chabutara in question by the Court of Additional Civil Judge

(Senior Division) No.2, Kekri and in the previous suit vide

judgment dated 14.09.2012, appellants-plaintiffs have been

(2 of 2) [CFA-1156/2019]

allowed to use the Jeena and chabootara, treating the same as

common between both parties.

The judgment and decree dated 14.09.2012 is in operation,

therefore, in view of that, no separate order is required to be

passed in the present stay application.

Accordingly, the stay application stands disposed of.

(SUDESH BANSAL),J

SACHIN /41

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