Suman Singh S/O Shri Kallu Singh ... vs Gopal Gora S/O Shri Bhagwan Sahay ...
2022 Latest Caselaw 5610 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 244/2022

Suman Singh S/o Shri Kallu Singh Rebari, & Anr.
                                                                     ----Appellants
                                    Versus
Gopal Gora S/o Shri Bhagwan Sahay Gora& Ors
                                                                  ----Respondents

For Appellant(s) : Mr. Hari Shanker Gaur For Respondent(s) : Mr. Ajay Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

17/08/2022

Appellants-defendants preferred this first appeal challenging

the judgment and decree dated 16.04.2022 passed in favour of

respondent No.1-plaintiff on the basis of agreement dated

01.04.2010.

Counsel for appellant submits that appellants are in actual

possession of the suit property and in agreement itself, it is stated

that possession would be delivered at the time of sale deed.

However, the trial court, while passing decree for specific

performance, has assumed the suit property in possession of

plaintiff and granted decree for permanent injunction also.

Counsel for appellants submits that plaintiff has not

approached the Civil Court with clean hands and his suit for

specific performance has wrongly been decreed.

Heard.

Admit.

Issue notice to respondents.

(2 of 2) [CFA-244/2022]

Since, respondent-plaintiff has already put in appearance

and on request of counsel for appellants, service of notices upon

respondents No.2 & 3, who are proforma respondents being

government authorities, are dispensed with, hence, notices need

not to be issued. Service stands complete.

Call for the record.

Heard on the stay application.

Having considered the recital indicated in the agreement

dated 01.04.2010, which itself show that possession of suit land

was not delivered to plaintiff, it is hereby directed that during

course of this first appeal, the operation & execution of impugned

judgment and decree dated 16.04.2022 shall remain stayed and

both parties shall maintain status quo in relation to alienation and

possession of the suit property, as it exists today.

Accordingly, stay application stands disposed of.

(SUDESH BANSAL),J

SACHIN/24

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