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Sanjeev Kumar Sharma S/O Ram ... vs Smt Rupali Sharma Kasliwal W/O ...
2022 Latest Caselaw 7897 Raj/2

Citation : 2022 Latest Caselaw 7897 Raj/2
Judgement Date : 19 December, 2022

Rajasthan High Court
Sanjeev Kumar Sharma S/O Ram ... vs Smt Rupali Sharma Kasliwal W/O ... on 19 December, 2022
Bench: Manindra Mohan Shrivastava, Chandra Kumar Songara
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Civil Misc. Stay Application No.1323/2017
                                       In
          D.B. Civil Miscellaneous Appeal No. 1820/2017
Sanjeev Kumar Sharma S/o Ram Naresh Sharma, Aged About 43
Years, R/o L-405, Mahima Panorma, Jagatpura, Jaipur (Raj.)
                                                                 ----Appellant
                                    Versus
Smt. Rupali Sharma Kasliwal, W/o Sanjeev Kumar Sharma (Prior
To The Judgment), D/o Shree Kranti Kumar Ji Kasliwal, Aged
about 41 Years, R/o Flat No.6, S.F.S. Apartment, Plot No. D-842,
Amit Baradwaj Marg, Malviya Nagar, Jaipur Raj.
                                            ----Respondent/Non-Appellant

For Appellant(s) : Ms. Mahi Yadav Advocate. For Respondent(s) : Mr. Maneesh Sharma Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

19/12/2022

Heard on application for stay.

Learned counsel for the appellant would submit that the

dispute relating to the ownership of the property was raised before

the Family Court, which has been decided without due

consideration of the evidence led by the appellant to prove her

interest in the property.

Learned counsel for the respondent would submit that the

suit has been dismissed by the learned Trial Court, taking into

consideration that the registered sale deed was executed in favour

of the respondent-wife and the Court below has also found that

the entire consideration was also paid by the respondent-wife.

(2 of 2) [CMS-1323/2017]

In view of the above submissions, we are not inclined to pass

any order restraining respondent from enjoying the property in

any manner. However, any transaction in respect of the property in

dispute will be subject to the final outcome of this appeal.

Stay application stands disposed off accordingly.

List the main appeal for hearing along with D.B. Civil

Miscellaneous Appeal No.1678/2017.

(CHANDRA KUMAR SONGARA),J (MANINDRA MOHAN SHRIVASTAVA),J

Sanjay Kumawat-17

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