Prahalad Thr Lrs vs Tarachand And Ors
2022 Latest Caselaw 5255 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 470/2018

Prahalad S/o Late Hanman Thr Lrs
                                                                  ----Appellants
                                   Versus
Tarachand S/o Birdichand And Ors
                                                                ----Respondents

For Appellant(s) : Mr. Rahul Agarwal with Mr. Hemendra Sharma For Respondent(s) : Mr. Rahul Agarwal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/07/2022

Heard learned counsel for both parties on admission.

Appellant-plaintiffs have preferred this first appeal feeling

aggrieved by dismissal of their suit for cancellation of sale deeds

dated 12.07.2002, 15.07.2002 & 04.01.2002 vide impugned

judgment & decree dated 24.03.2018.

Admit.

Issue notices to unserved respondents No.1, 6 & 11.

Record of the trial court be summoned.

Heard counsel for both parties on stay application.

The trial court vide impugned judgment and decree dated

24.03.2018 has observed on appreciation of respective evidence

of both parties that as per the revenue record, the lands in

question are in cultivation and possession of respondents-

defendants-purchasers. Appellants-plaintiffs are challenging sale

deeds on the ground that the wrong khasra numbers have been

(2 of 2) [CFA-470/2018]

mentioned. There is a dispute about the re-numbering of khasra

numbers with old khasra numbers.

However, considered the fact that first appeal has already

been admitted, the stay application stands disposed of with a

direction that in case any alienation/transfer or further

proceedings are commenced pursuant to the impugned sale deeds

by respondents, the same would govern and hit by the principle of

les-pendence as enshrined in Section 52 of the Transfer of

Property Act and would not adversely affect appellants, in case he

succeeds in the first appeal.

With the aforesaid observation, the stay application stands

disposed of.

In view of the order passed on the stay application, counsel

for appellant does not want to press remaining applications

(I.A.No.01/2019), (I.A.No.01/2021) & (I.A.No.01/2022), filed for

passing appropriate order on stay applications.

Accordingly, applications (I.A.No.01/2019), (I.A.No.01/2021)

& (I.A.No.01/2022) stand disposed of.

(SUDESH BANSAL),J

SACHIN /68

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