Namo Narayan S/O Shri Mul Chand vs Padam Chand Sharma Alias Ghisia
2022 Latest Caselaw 4706 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR
                                                        S.B. Civil First Appeal No. 265/2022

                                   Namo Narayan S/o Shri Mul Chand
                                                                                                      ----Appellant-Plaintiff
                                                                              Versus
                                   Padam Chand Sharma Alias Ghisia & Anr.
                                                                                             ----Respondent-Defendants

For Appellant(s) : Ms. Kanika Brahman Ms. Nisha Chandren For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/07/2022

This first appeal has been filed by the appellant-plaintiff feeling

aggrieved of judgment and decree dated 13.04.2022 in Civil Suit

No.65/2005 (CIS No.2114/2014) filed for specific performance.

Counsel for the appellant submits that on the basis of an

agreement dated 06.09.1993 the suit for specific performance was filed

in the year 2005 and the trial court has dismissed the suit on the

ground of delay and latches.

Heard.

Admit.

Issue notice to respondents.

Call for record.

Heard on the stay application.

In the given facts and circumstance, in case any third party

interest is created in the suit land during pendency of first appeal, the

same would be governed by the principle of lis pendence and right of

appellant to pursue the appeal on merits would not be affected.

(SUDESH BANSAL),J

TN/11

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