Manwar Ali vs Mst Rukmani And Others
2022 Latest Caselaw 4382 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 31/2015

Manwar Ali
                                                                    ----Appellant
                                    Versus
Mst Rukmani And Others
                                                                 ----Respondents

For Appellant(s)          :     Dr. P.C. Jain
                                Mr. Zeeshan Khan
For Respondent(s)         :     Mr. M.M. Ranjan, Sr. Advocate
                                assisted by Mr. Rohan Agarwal



               HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

01/07/2022

An application (I.A.No.01/2021) has been filed by appellant

under Order 22 Rule 4 CPC alleging inter alia that respondent

No.39 Mahesh Kumar Singhania has passed away without leaving

behind any legal representatives to the knowledge of appellant.

Hence a prayer has been made to delete the name of deceased

respondent No. 39 Mahesh Kumar Singhania from the array of

cause title.

Learned counsel for respondents does not oppose the

application, hence the application (I.A.No.01/2021) is allowed and

the name of respondent No.39 Mahesh Kumar Singhania is

allowed to be deleted. The amended cause title enclosed with the

application, is allowed to be taken on record.

The second appeal is yet to be heard on admission.

Respondents-decree holders have moved an application that

the decree for possession has already been passed in their favour,

(2 of 2) [CSA-31/2015]

and sale deeds of the appellant have been cancelled, however,

appellant has started to raise construction. Respondents made

complainants before the concerned government authorities,

however, no action has been taken place. Hence, a prayer has

been made that appellant be restrained from raising construction

and to maintain status quo of the property in question. Appellant

has also moved an application seeking stay of execution of the

impugned judgment and decree dated 15.11.2014.

List this appeal for admission again on 20.07.2022.

In the meanwhile, parties are directed to maintain status quo

of the property in question, as it exists today.

(SUDESH BANSAL),J

SACHIN /86

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