Sh. Ram Niwas S/O Late Sh. Madan Lal ... vs Sh. Yagyadutt Parashar S/O Late ...
2022 Latest Caselaw 4873 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 325/2022

Sh. Ram Niwas S/o Late Sh. Madan Lal Parashar & Ors.
                                                      ----Appellant-Defendant
                                    Versus
Sh. Yagyadutt Parashar S/o Late Sh. Madanlal Parashar
                                                       ----Respondent-Plaintiff

For Appellant(s) : Mr. Tailor Dhruv For Respondent(s) : Mr. Yash Joshi Mr. Abhishek Kumar Sharma Mr. Ridhvick Dosi through V.C.

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

15/07/2022 Appellant-defendants preferred this first appeal assailing the

judgment and decree dated 26.04.2022 in suit No.52/2016 by

Additional District Judge No.3, Ajmer whereby and whereunder the

suit for possession filed by the respondent-plaintiff has been

decreed alongwith mesne profits @ 1500/- per month payable

from the date of filing the suit.

Learned counsel for appellants submits that parties are

brothers and the suit shop is co-partionery property.

Respondent-plaintiffs have entered as Caveator and wants to

file reply to the stay application.

Heard.

Since this first appeal requires hearing on facts and law.

Admit.

Respondent-plaintiffs have already appeared through their

respective counsel, hence no need to issue notice.

(2 of 2) [CFA-325/2022]

Record of the trial court be summoned.

In the meanwhile, the decree for possession against the

appellants shall remain stayed, final order on the stay application

shall be passed after filing reply to the stay application by the

respondent-plaintiffs.

List this case alongwith S.B.Civil First Appeal No.327/2022.

(SUDESH BANSAL),J

TN/19

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