Shrimati Laddo Devi Wife Of ... vs Shrimati Panchi Devi Wife Of Late ...
2022 Latest Caselaw 5688 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No.423/2022

Shrimati Laddo Devi Wife Of Chetram Meena
                                                                   ----Appellant
                                   Versus
Shrimati Panchi Devi Wife Of Late Ramu & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Prakash Chand Jain Mr. Zeeshan Khan For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

22/08/2022

Appellants-plaintiffs have preferred this first appeal feeling

aggrieved by dismissal of their civil suit for specific performance

and permanent injunction vide judgment dated 13.05.2022 passed

by Additional District Judge No.9, Jaipur Metro-I in Civil Suit

No.28/2014.

Learned counsel for appellants submits that original plaintiff

had issued a power of attorney in favour of her son, who adduced

his evidence and produced the power of attorney on record. He

submits that as per evidence on record, the agreement in question

is proved and suit for specific performance deserves to be decreed

but the trial court dismissed the suit, recording a finding that the

power of attorney has not been produced and the evidence of son

of plaintiff, may not be held sufficient to prove the agreement.

Heard.

Admit.

Issue notice to respondents.

(2 of 2) [CFA-423/2022]

On request of counsel for appellant, service of notices upon

respondent Nos.5, 6, 7 and 8, who are proforma respondents, is

dispensed with at the risk and costs of appellants.

Issue notice to respondent Nos.1 to 4.

Call for the record.

In the meanwhile, both parties shall maintain status quo in

relation to the alienation of the suit property in question. Final

order on stay application shall be passed after service of notices

upon respondents.

(SUDESH BANSAL),J

SAURABH/15

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