Hamid Ali S/O Hadi Ali (Deceased) ... vs Shrimati Hamida Begum W/O Sarfraj ...
2022 Latest Caselaw 4666 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                     S.B. Civil First Appeal No. 238/2022

                                   Hamid   Ali   S/o         Hadi       Ali     (Deceased)           Through   Legal
                                   Representatives.
                                                                                                       ----Appellants
                                                                        Versus
                                   Shrimati Hamida Begum W/o Sarfraj Husain, & Ors.
                                                                                                     ----Respondents

For Appellant(s) : Mr. Sampat Lal Songara For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/07/2022 The appellant-defendant No.1 has preferred this first appeal assailing the judgment and preliminary decree for partition dated 08.04.2022 whereby and whereunder the house property has been declared to be divided in equal 1/3rd-1/3rd share between the parties.

Heard.

Admit.

Issue notice to respondents.

Heard on the stay application. Learned counsel for appellant-defendant submits that parties are in joint possession of the house property. Without staying the further proceedings for preparation of final decree, it is hereby directed that the appellant-defendant shall not be dispossessed from the suit property during this appeal.

Since this Court has permitted the trial court to prepare the final decree, record need not be summoned.

(SUDESH BANSAL),J

TN/27

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