Ranjit Pahadia S/O Shri Nathu Lal vs Smt. Bhuri D/O Late Shri Moolchan ...
2022 Latest Caselaw 5169 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 262/2022

Ranjit Pahadia S/o Shri Nathu Lal
                                                                  ----Appellant
                                   Versus
Smt. Bhuri D/o Late Shri Moolchan W/o Shri Ramnarayan,
                                                                ----Respondent

For Appellant(s) : Mr. Naqvi Sehban Najib Sabiha For Respondent(s) : Mr. Rahul Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

27/07/2022

Appellant-defendant has preferred this first appeal against

the judgment and decree dated 17.03.2021, whereby and

whereunder the civil suit filed by respondent-plaintiff, has been

decreed in a manner that plaintiff has been declared as owner of

the suit property and appellant-defendant has been directed to

hand over the possession to plaintiff and consequentially, the

decree for permanent injunction has been passed.

Heard.

Admit.

Record of the trial court be summoned.

Heard counsel for both parties on stay application.

It is not in dispute that appellant-defendant is in actual and

physical possession of the suit property. The appellant claimed the

title by virtue of adverse possession, which has been declined by

the trial court and respondent-plaintiff has been declared as the

owner of the suit property. In view of considered rival contention

of both parties and the nature of impugned decree, this Court

(2 of 2) [CFA-262/2022]

deems it just and proper to direct both parties to maintain status

quo in relation to the property in question, as it exists today.

Respondent-plaintiff has prayed for grant of mesne profits

during course of first appeal but no such application has been

filed, in case any such application would be filed, the same shall

be considered on its own merits.

With aforesaid observation, the stay application stands

disposed of.

(SUDESH BANSAL),J

SACHIN/14

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