Pramod Kumar Singh Rathore Son Of ... vs Sushil Kumar Son Of Shri Dhanpal ...
2022 Latest Caselaw 4297 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil First Appeal No. 228/2022

Pramod Kumar Singh Rathore Son Of Shri Dhanpal Singh
Rathore,
                                                                   ----Appellant
                                    Versus
Sushil Kumar Son Of Shri Dhanpal Singh Rathore,
                                                                 ----Respondent

For Appellant(s)          :     Mr. Prahlad Sharma
For Respondent(s)         :     Mr. Chandi Charan Ratnu



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

29/06/2022

     Heard.

     Appeal is admitted.

Heard counsel for both parties on stay application.

It has been submitted that both parties are brothers and plot

in question was purchased in the name of younger brother- Sushil

Kumar but in fact it was in possession of elder brother- Pramod

Kumar and the original title deed is also in possession of

defendant- Pramod Kumar. The disputed plot is plot No.68 situated

at Vivek Vihar, Jagatpura, Jaipur surrounded by four boundaries.

The trial Court, has decreed the suit for possession and against

the claim of mesne profit at the rate of Rs.10,000/-, has allowed

mesne profit at the rate of Rs.2000/- per month. The trial Court

has not assigned any reason to determine mesne profit at the rate

of Rs.2000/-.

Having considered overall facts and circumstances of the

present case and considering the nature of decree and also the

(2 of 2) [CFA-228/2022]

fact that dispute is between family members which would be re-

heard on merits in the first appeal and suit property is an open

plot, this Court deems it just and proper to stay execution of

impugned judgment and decree dated 07.03.2022 with further

direction that both parties shall maintain status quo in relation to

the suit property as to alienation, construction and possession as

it exists today during course of first appeal.

Stay application is accordingly disposed of.

Respondent-plaintiff has filed an application under Order 41

Rule 27 CPC to place certain additional documents on record which

shall be considered at the of hearing of first appeal.

In the meanwhile, appellant may file reply to the application

and documents in rebuttal, if so desires.

The application (No.1/2022) stands disposed of accordingly.

(SUDESH BANSAL),J

NITIN/109

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