Vijay Solvex Ltd vs Murari Lal Agrawal
2022 Latest Caselaw 4564 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil First Appeal No. 614/2017

Vijay Solvex Ltd
                                                                   ----Appellant
                                    Versus
Murari Lal Agrawal
                                                                 ----Respondent

For Appellant(s) : Ms. Sukriti Kasliwal For Respondent(s) : Mr. Akash Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/07/2022

Appellant-plaintiff has preferred this first appeal against

judgment and decree dated 03.05.2017 passed by Additional

District and Sessions Judge No.18, Jaipur Metropolitan, Jaipur in

Civil Suit No.737/2012(24/2000) whereby and whereunder while

dismissing the appellant-plaintiff's suit for possession, counter

claim for specific performance made by respondent-defendant has

been decreed and appellant has been directed to execute the sale

deed in favour of respondent-defendant.

Heard.

Appeal has already been admitted for hearing vide order

dated 04.09.2017.

Heard counsel for both parties on stay application.

It is not in dispute that the possession of suit property is

with respondent-defendant and defendant is in use and occupation

of the same.

Having considered the nature of impugned decree and the

fact that first appeal has already been admitted, this Court deems

(2 of 2) [CFA-614/2017]

it just and proper to stay the execution of impugned judgment and

decree dated 03.05.2017 to the extent of execution and

registration of sale deed by appellant in favour of respondent.

It is observed that this stay order will not come in way to

enjoy and use the property in question by the respondent-decree

holder. It is further made clear that either of the parties will not

create any third party interest in the suit property.

With aforesaid observations, stay application stand disposed

of.

In view of aforesaid order passed on stay application, the

application No.39960/2017 for early listing of appeal moved by

the appellant is dismissed as not press.

As far as application No.1/2020 for tagging the present

appeal with other SBCFA Nos.601/2017, 602/2017, 603/2017 &

613/2017 is concerned, the same is allowed.

This appeal be tagged with S.B. Civil First Appeal

No.601/2017 and other connected first appeals.

(SUDESH BANSAL),J

SAURABH/50

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