Bhagwan Sahay Son Of Dhudaram vs Mahadev Son Of Gangasahay
2022 Latest Caselaw 4705 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 330/2022

Bhagwan Sahay Son Of Dhudaram & Ors.
                                                    ----Appellant-Defendants
                                   Versus
Mahadev Son Of Gangasahay,
                                                      ----Respondent-Plaintiff

For Appellant(s) : Mr. Shiv Shanker Choudhary For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

11/07/2022

The appellant-defendants have preferred this first appeal,

assailing the judgment and preliminary decree for partition dated

10.05.2022 passed by Additional District Judge No.2, Alwar in Civil

Suit No.420/2011 (CIS No.2716/2014) whereby the plaintiff and

defendants have been declared 1/2-1/2 share in the suit property.

Learned counsel for appellants submits that 1/2 share of the

plaintiff has been sold to defendants, however no authentic

documents to prove the factum of sale has been placed on record.

The counsel for appellants submits that appellants are having

possession over the suit property.

Heard.

Appeal is admitted.

Issue notice to the respondent.

Having considered the fact that the trial court has declared

1/2-1/2 share to the plaintiff and defendants in the suit property,

this Court is not inclined to stay the further proceedings of the

final decree.

(2 of 2) [CFA-330/2022]

The Honb'le Supreme Court in case of Kattukandi Edathil

Krishnam & Anr. Vs. Kattukandi Edathil Valsan & Ors. In

appeal Nos.6406-6407 of 2010 decided on 13.06.2022 has

recently held that proceedings of preparation of final decree

should be in continuation of preliminary decree, in the suit for

partition.

However, it is directed that the appellant-defendants shall

not be dispossessed from the suit property during pendency of the

first appeal.

Since this court has permitted the trial court to proceed with

the preparation of final decree, hence record need not be

summoned.

(SUDESH BANSAL),J

TN/14

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