Shri Dinesh Kumar Jha Son Of Shri ... vs Shri Vishvanath Soni Son Of Shri ...
2022 Latest Caselaw 5446 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 286/2022

 Shri Dinesh Kumar Jha Son Of Shri Durga Prasad Jha,
                                                     ----Appellant- Defendant
                                     Versus
 Shri Vishvanath Soni Son Of Shri Sudarshan Kumar Soni
                                                       ----Respondent-Plaintiff

Mr.

For Appellant(s) : Mr. Arpit Srivastava For Respondent(s) : Mr. Nitish Kumar Bagri

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/08/2022

This first appeal has been filed by the appellant-defendant

assailing the judgment and decree dated 20.04.2022 passed in

civil suit No.182/2014 (235/2010), CIS No.182/2014 by Additional

District and Sessions Judge No.4, Ajmer whereby and whereunder

the civil suit for specific performance in relation to the house of

the appellant has been decreed in favour of the respondent-

plaintiff.

Learned counsel for the appellant submits that the

agreement in question is forged and never signed by appellant nor

he received any sale amount nor delivered the possession of the

house and he is in use, occupation and possession of the house in

question.

Respondent-plaintiffs has appeared as Caveator and submits

that the agreement has been held proved by the trial court and

the findings are just and proper, therefore the first appeal is not

liable to succeed.

(2 of 2) [CFA-286/2022]

Since the first appeal is treated as continuation of suit

proceedings, therefore, has to be heard and decided on merits

after appreciation of pleadings and evidence as a whole.

Heard.

Admit.

Since respondent has already appeared, no need to issue

notice.

Call for record.

Heard on the stay application.

It is indisputed that the property in question is in use and

possession of the appellant, therefore the execution of the

impugned judgment and decree shall remain stayed with further

direction that appellant shall not further transfer the suit property

during the course of this first appeal.

Accordingly, the stay application stands disposed of.

(SUDESH BANSAL),J

TN/9

Powered by TCPDF (www.tcpdf.org)