Smt Bindu Rai And Ors vs Nand Kumar And Ors
2022 Latest Caselaw 4697 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 5/1999

Smt Bindu Rai And Ors
                                                                  ----Appellant
                                   Versus
Nand Kumar And Ors
                                                                ----Respondent

Connected With S.B. Civil Contempt Petition No. 109/2010 Smt. Bindu Rai W/o Late Shri Narendra Pratap Rai

----Appellant Versus Shrin Nand Kumar S/o Late Sshri Chandrapati Rai

----Respondent

For Appellant(s) : Mr. P C Jain For Respondent(s) : Mr. R.K. Agarwal, Sr. Advocate assisted by Mr. Adhiraj Modi Ms. Sarah Sharma Mr. Pukhraj Chawla

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

11/07/2022

Matter comes up on second stay application.

Learned counsel for appellants has prayed that during the

course of first appeal, the respondent-plaintiff be restrained to

maintain the status quo of the property in question.

It appears from the record that appeal has been filed against

the judgment and decree dated 09.10.1998 and in the first stay

application, appellants have made prayer for staying the operation

of decree and to maintain status quo. The Co-ordinate Bench of

this Court, after hearing both parties, decided the first stay

application vide order dated 29.04.1999 and instead of passing

(2 of 2) [CFA-5/1999]

the status quo order has restrained the respondent No.1-decree

holder not to alienate the suit property.

Having considered the nature of impugned decree, this Court

is not inclined to pass the order of status quo. Hence the second

stay application is dismissed.

However, since the appeal itself has ripped up for hearing, on

joint request of counsel for both parties, list this appeal for

hearing on 20.09.2022.

(SUDESH BANSAL),J

SAURABH/17-18

Powered by TCPDF (www.tcpdf.org)