Rajasthan High Court
Kalyan Son Of Moolya Mali vs Dinesh Jain S/O Late Shri ... on 29 August, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 414/2020
1. Kalyan Son Of Moolya Mali, R/o Satyanarayan Mohalla,
Alanpur, Sawai Madhopur (Deceased)
1/1. Smt. Rampati Devi W/o Late Shri Kalyan Mali,
1/2. Bishan Lal Mali S/o Late Shri Kalyan Mali,
1/3. Mukesh Mali S/o Late Shri Kalyan Mali,
1/4. Rajendra Mali S/o Late Shri Kalyan Mali,
All Resident Of Satyanarayan Pada/mohalla, Alanpur,
Sawai Madhopur
1/5. Smt. Badam D/o Late Shri Kalyan Mali W/o Shri Gajanand
Mali, Resident Of Near Amali Ped, Village Sherpura, Tehsil
And District Sawai Madhopur
1/6. Smt. Rajanti D/o Late Shri Kalyan Mali W/o Shri Ramlal
Mali, Resident Of Opposite Shilpgram Village
Ramsinghpura, Tehsil And District Sawai Madhopur
1/7. Smt. Ramdhani D/o Late Shri Kalyan Mali W/o Shri
Chiranji Lal Mali, Resident Of Village Rawanjana Choud,
Tehsil And District Sawai Madhopur
----Appellants-Defendants
Versus
1. Dinesh Jain S/o Late Shri Kapoorchand Jain, Aged About
63 Years, Resident Of Plot No. 110, Bal Mandir Colony,
Sawai Madhopur
..........Respondent-Plantiff
2. Shankar Dayal Mali S/o Shri Kalyan Sahay Mali, Resident
Of Satyanarayan Pada/mohalla, Alanpur, Sawai Madhopur
----Respondent-Defendant
For Appellant(s) : Mr. Prahlad Sharma
For Respondent(s) : Mr. Shamsuddin Ansari
Manak Chand Jain
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
(2 of 3) [CFA-414/2020]
29/08/2022
This first appeal has been filed by appellant-defendants,
challenging the impugned judgment and decree dated 29.01.2020
passed by District Judge (Family Court), Sawai Madhopur
whereby and whereunder the civil suit for specific performance
filed by respondent-plaintiff has been decreed subject to
deposition of the amount Rs.19,00,000/- with 12% interest w.e.f
01.03.2015.
Heard learned counsel for both parties.
Admit.
Since respondents have already been represented through
their counsel, hence no need to issue notice.
Heard on the stay application.
The co-ordinate Bench of this Court vide order dated
02.09.2020 stayed the execution of the impugned judgment and
decree and that interim stay order is continue.
Counsel for appellants submits that the stay order dated
02.09.2020 may be made absolute during the course of first
appeal.
Learned counsel for respondent has opposed the stay
application and submits that in compliance of the impugned
judgment, respondent-plaintiff has deposited an amount of
Rs.30,41,850/- on 19.03.2020 through F.D. in the name of Zilla
Nyadhish Parivarik Nyayalaya, Sawai Madhopur and the original
F.D. is lying in the record of the trial court.
Having considered the nature of impugned decree and the
dispute about the agreement and amount paid therein, this Court
deems it just and proper to confirm the stay order dated
02.09.2020 till disposal of the first appeal. However, the F.D.
(3 of 3) [CFA-414/2020]
deposited by the respondent-plaintiff before the trial court may be
returned to the respondent-plaintiff keeping certified copy of the
same on record and it is made clear that if the respondent-plaintiff
withdraw the F.D. amount, the same would not adversely affect
merits of the case and no adverse inference against plaintiff would
be drawn on this count.
With the aforesaid, the stay application stands disposed of.
(SUDESH BANSAL),J
TN/77
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